alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

For the Eighth Circuit 

___________________________ 

No. 22-2034

___________________________ 

United States of America

 Plaintiff - Appellee

v.

Luis Olivares

 Defendant - Appellant

____________

Appeal from United States District Court 

for the District of South Dakota - Western

____________ 

Submitted: April 10, 2023

Filed: August 16, 2023

[Unpublished] 

____________ 

Before SMITH, Chief Judge, MELLOY and ERICKSON, Circuit Judges. 

____________

PER CURIAM. 

In 2014, Luis Olivares was convicted of three drug-related crimes and three 

firearm-related crimes. The district court determined Olivares was subject to a 

mandatory life sentence based upon two prior drug convictions. See 21 U.S.C. 

§ 841(b)(1)(A) (2002). Olivares appealed and this court affirmed. United States v. 

Olivares, 843 F.3d 752, 763 (8th Cir. 2016). In 2021, Olivares filed the present
-2- 

motion for resentencing, arguing changes in law made after his sentence, through 

the passage of the First Step Act, Pub. L. No. 115-391, § 401, 132 Stat. 5194, 5220

(2018), constitute an “extraordinary and compelling” reason for resentencing. See

18 U.S.C. § 3582(c)(1)(A). The district court1 denied the motion. Olivares appeals 

and we affirm. 

Olivares’s arguments are clearly precluded by this court’s precedent. See

United States v. Crandall, 25 F.4th 582, 586 (8th Cir. 2022) (holding “a nonretroactive change in law, whether offered alone or in combination with other 

factors, cannot contribute to a finding of ‘extraordinary and compelling reasons’ for 

a reduction in sentence under § 3582(c)(1)(A)”). See also United States v. 

Rodriguez-Mendez, 65 F.4th 1000, 1001 (8th Cir. 2023) (finding Concepcion v. 

United States, 142 S. Ct. 2389 (2022), “did not overrule our prior decision in 

Crandall”).

Finally, to the extent Olivares argues his prior convictions should have never 

qualified him for sentencing enhancements, even under prior law, he is attacking his 

sentence and not providing an “extraordinary and compelling” reason to grant a 

motion for resentencing. Olivares cites no authority which would allow this court to 

review the eight-year-old sentence.

As Olivares’s arguments are precluded by this circuit’s precedent, we affirm. 

_____________________________

1

The Honorable Jeffrey Lynn Viken, United States District Judge for the 

District of South Dakota.
Exhibit 32.1

Certificate Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

Pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officers of the PBSJ Corporation (the Company) hereby certify, to such officers knowledge, that:



| | (i) | the accompanying Quarterly Report on Form 10-Q of the Company for the period ended March 31, 2006 (the Report) fully complies with the requirements of
Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (ii) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                    |  |                                                  
|------------------- |  | -------------------------------------------------
|Dated: May 24, 2007 |  | /s/ John B. Zumwalt                              
|                    |  | John B. Zumwalt                                  
|                    |  | Chairman and Chief Executive Officer             
|                    | 
|Dated: May 24, 2007 |  | /s/ Donald J. Vrana                              
|                    |  | Donald J. Vrana                                  
|                    |  | Senior Vice President and Chief Financial Officer
Fourth Court of Appeals

San Antonio, Texas

January 22, 2021

No. 04-20-00288-CR

Neil Howard MCGINNIS,

Appellant

v.

The STATE of Texas,

Appellee

From the 451st Judicial District Court, Kendall County, Texas

Trial Court No. 6773

Honorable Kirsten Cohoon, Judge Presiding

O R D E R

After we granted Appellant’s first motion for extension of time to file the brief, 

Appellant’s brief was due on January 23, 2021. See TEX. R. APP. P. 38.6(a). After the onceextended due date, Appellant filed a second motion, which seeks a thirty-day extension of time 

to file the brief.

Appellant’s motion is GRANTED; Appellant’s brief is due on February 22, 2021. 

_________________________________

Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 22nd day of January, 2021.

___________________________________

MICHAEL A. CRUZ, Clerk of Court
Exhibit 32


                          Certification of CEO and CFO
                       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-QSB of Urban Improvement Fund
- 1974 (the "Partnership"), for the quarterly period ended March 31, 2006 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), Paul H. Pfleger, as the equivalent of the Chief Executive Officer of
the Partnership, and John M. Orehek as the equivalent of the Chief Financial
Officer of the Partnership, each hereby certifies, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that, to the best of his knowledge:

     1)   The Report fully complies with the requirements of Section 13(a) or
          15(d) of the Securities and 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.




                                            /s/Paul H. Pfleger
                                            ------------------------------------
                                            Name:  Paul H. Pfleger




                                            /s/John M. Orehek
                                            ------------------------------------
                                            Name:  John M. Orehek


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 Partnership for purposes of
Section 18 of the Securities and Exchange Act of 1934, as amended.
No. 96-5761.

#### Salahuddin *v.*Coughlin et al.

App. Div., Sup. Ct. N. Y:, , 3d Jud. Dept. Certiorari denied.
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Home                 > Browse by Title > Toward Better Working Conditions for Women: Methods and Policies of the National Women's Trade Union League of America

              																	United States. Women's Bureau. 						*Toward Better Working Conditions for Women: Methods and Policies of the National Women's Trade Union League of America : Women's Bureau Bulletin, No. 252*,												Washington: 								Govt. Print. Off., 										1953,									https://fraser.stlouisfed.org/title/5525,			accessed on September 25, 2024.						    

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[Federal Register Volume 72, Number 93 (Tuesday, May 15, 2007)]
[Notices]
[Page 27322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9258]



[[Page 27322]]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1693-DR]


Maine; Amendment No. 2 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice amends the notice of a major disaster for the 
State of Maine (FEMA-1693-DR), dated April 25, 2007, and related 
determinations.

EFFECTIVE DATE: April 23, 2007.

FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Disaster Assistance 
Directorate, Federal Emergency Management Agency, Washington, DC 20472, 
(202) 646-2705.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident 
period for this disaster is closed effective April 23, 2007.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 97.030, Community 
Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis 
Counseling; 97.033, Disaster Legal Services Program; 97.034, 
Disaster Unemployment Assistance (DUA); 97.046, Fire Management 
Assistance; 97.048, Individuals and Households Housing; 97.049, 
Individuals and Households Disaster Housing Operations; 97.050, 
Individuals and Households Program--Other Needs; 97.036, Public 
Assistance Grants; 97.039, Hazard Mitigation Grant Program.)

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E7-9258 Filed 5-14-07; 8:45 am]
BILLING CODE 9110-10-P
[if !vml]>[endif]>

[if !vml]>[endif]>

You have reached the FederalDepository Library Program Electronic Collection (FDLP/EC) Archive. Thisarchive assures ongoing access to publications in the FDLP/EC. Access topublications in the archive is available through GPO's suite of cataloging andlocator services, including the Catalog of U.S. Government Publications(CGP).  Archived copies of publications are retrieved in the event thatpublications are no longer available from the original publishing agency site. 
**Title:****Oversight of the care ofunaccompanied alien children : staff report [electronic resource].**
PDF--Final|PDF-- appendix |
 
SuDoc Number:Y 4.G 74/9:AL 4

Item Number: 1037-D (online)

CGP systemNumber:001083123 
October 23, 2018
No. 53276.

#### Feinberg English Silver, Inc., et al. *v.*United States,

protests 65085-K, etc. (New York).

Opinion by

Ekwall, J.

It was stipulated that the issue herein is the same in all material respects as that presented in *Mamary Bros., Inc.*v. *United States*(21 Cust. Ct. 135, C. D. 1142). In accordance therewith it was held that the currency of the invoices should be converted at the buying rate in the New York market at noon on the day of exportation (the “free” rate of exchange for pounds sterling), as certified by the Federal Reserve bank and set forth by the collector on each of the entries involved. The protests were sustained to this extent.
No. 54944.

#### Van Gelder-Fanto Corp. *v.*United States,

protest 140613-K (New York).

Opinion by

Cole, J.

It was stipulated that the merchandise consists of estro-genic substances the same in all material respects as that passed upon in *Roche-Organon*v. *United States*(35 C. C. P. A. 99, C. A. D. 378). The claim at 10 percent under paragraph '34 was therefore sustained.
#### Willie WOODS v. LOUISIANA GYDROELECTRIC, LTD., et al.

No. 98-C-2799.

Supreme Court of Louisiana.

Jan. 8, 1999.

*635In re Louisiana Hydroelectric Ltd.; Clarendon National Ins. Co.; — Defendants); applying for writ of certiorari and/or review; Office of Workers’ Compensation, Dist. # IE, No. 95-08272; to the Court of Appeal, Third Circuit, No. CA98-0337.

Denied.

MARCUS, J., not on panel.

KIMBALL and TRAYLOR, JJ„ would grant the writ.
<PAGE>   1
                                                                   EXHIBIT 10.34

                                   EMPLOYMENT
                                   AGREEMENT


WHEREAS KAZOOTEK.COM TECHNOLOGIES INC., Suite 620, 1380 Burrard Street,
Vancouver, BC, V6Z 2H3, (the "Employer"); and

WHEREAS KRISTA WILSON, of #406 - 2815 Yew Street, Vancouver, BC, V6K 3H6, (the
"Employee");

HEREBY AGREE that as of September 23, 1999, the Employee and the Employer will
enter into an Employment Agreement for a period of one year, from the date of
execution, during which time the terms of the agreement will include, but not be
limited to, the following:

     a)  the Employee agrees to apply, on a full-time basis, all of the time,
         effort, skill and accountability necessary and appropriate for the
         position of Manager of Corporate Services & Administration;

     b)  the Employee agrees to enter into a Non-disclosure and Solicitation
         Agreement, attached hereto and agrees not to consider any additional
         employment or consulting work with any organizations involved, directly
         or indirectly, with Kazootek.com Technologies or it's subsidiaries,
         without full and prior written approval of the Board of Directors of
         Kazootek.com Technologies Inc.

IN CONSIDERATION WHEREOF, the Employer will provide the Employee with the
appropriate training and information, and will make available all the necessary
tools and equipment required to perform in the above-mentioned capacity.
Compensation for this agreement, as provided for by the Employer, will consist
of the following:

i)    base salary of $55,000.00 Cdn. per annum, paid out on the 15th and the
      last day of the month for the duration of the trial period;

ii)   paid parking;

iii)  an option package, consisting of 60,000 shares of cyberoad.com
      Corporation, at U.S. $1.00 per share, in accordance with the Company's
      Option Plan;
<PAGE>   2

     v)   three weeks paid vacation, accrued on an annual basis;

     vi)  basic medical, dental and insurance coverage as set out in
          accompanying package;

THIS AGREEMENT pursuant to the terms and conditions above, will remain in full
force and effect unless otherwise agreed upon by the Employee and the Employer,
or both, upon 30 days written notice. Either the Employee or the Employer, upon
30 days written notice, may terminate this agreement, for any reason.

THIS AGREEMENT is governed by the laws of the Province of British Columbia.

DATED at Vancouver, British Columbia, the 23rd day of September, 1999

ACKNOWLEDGED AND AGREED TO BY:

KAZOOTEK.COM TECHNOLOGIES INC.          KRISTA M. WILSON

/s/ Paul Mari                           /s/ Krista Wilson
Employer                                Employee
#### B. A. McKenzie & Co. et al. *v.*United States

No. 6509.

Entry No. 330-A, etc.

Invoices dated Redditch, England, April 2, 1941, etc.

Certified April 3, 1941, etc.

Entered at Tacoma, Wash., May 19, 1941, etc.

(Decided November 14, 1946)

*Lawrence, Tuttle & Harper (George R. Tuttle*of counsel) for the plaintiffs.

*Paul P. Rao,*Assistant Attorney General, for the defendant.

Oliver, Presiding Judge:

The appeals for reappraisement listed in schedule A, hereto attached and made a part hereof, have been submitted for decision upon the following stipulation of counsel for the parties hereto:

(Stipulation omitted.)

On the agreed facts I find the export value, as-that value is defined in section 402 (d) of the Tariff Act of 1930, to be the proper basis for the determination of the value of the merchandise here involved, and that such values are the appraised values, less the additions made by the importers on entry because of advances by the appraiser in similar cases.

Judgment will be rendered accordingly.
No. 47005.

#### Protest 46708-K of Wm. Barnet & Son (New York).

Opinion by

Oliver, P. J.

It appeared that the entry was liquidated on July 23, 1940, and the protest dated October 21, 1940, was filed with the collector at Albany on October 22, 1940. In view of section 514 it was held that the court was without jurisdiction in this case since the protest was not filed within 60 days of the date of liquidation. In accordance therewith the defendant’s motion to dismiss was granted.
EXHIBIT 21.1


LIST OF SUBSIDIARIES OF
YORKSHIRE POWER GROUP LIMITED
(AND JURISDICTION OF INCORPORATION)


HOMEPOWER RETAIL LIMITED (ENGLAND AND WALES)

HOMEPOWER RETAIL (YE) LIMITED (ENGLAND AND WALES)

SCARCROFT INSURANCE LIMITED (GUERNSEY)

SCARCROFT INVESTMENTS LIMITED (ENGLAND AND WALES)

SCARCROFT LEASING (SEP) LIMITED (ENGLAND AND WALES)

YE GAS LIMITED (ENGLAND AND WALES)

YEG FRESHCO. (ENGLAND AND WALES)

YEG TEAM TELECOM LIMITED (ENGLAND AND WALES)

YORKSHIRE CAPTIAL TRUST I (DELAWARE)

YORKSHIRE CAYMAN HOLDING LTD (CAYMAN ISLANDS)

YORKSHIRE ELECTRIC POWER LIMITED (ENGLAND AND WALES)

YORKSHIRE ELECTRICITY GROUP PLC (ENGLAND AND WALES)

YORKSHIRE ELECTRICITY GROUP SHARE SCHEME TRUSTEES LIMITED
(ENGLAND AND WALES)

YORKSHIRE ENERGY LIMITED (ENGLAND AND WALES)

YORKSHIRE HOLDINGS PLC (ENGLAND AND WALES)

YORKSHIRE POWER FINANCE LIMITED (CAYMAN ISLANDS)
Exhibit 32.1

 

CERTIFICATIONPURSUANT TO

18 U.S.C.Sec.1350,

AS ADOPTEDPURSUANT TO

SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with theQuarterly Report of O2Diesel Corporation (the “Company”) on Form 10-Q forthe period ended March 31, 2008, as filed with the Securities and ExchangeCommission on the date here of (the “Report”), I, Alan Rae, Chief ExecutiveOfficer of the Company and I, David H. Shipman, Chief Financial Officer of theCompany, certify, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, to the best of my knowledge that:

 

(1) The Report fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934, as amended; and

 

(2) The information containedin this Report fairly presents, in all material respects, the financialcondition and results of operations of the Company.

 

Date: May 15, 2008

 
| By:    |   | /s/ Alan Rae                                             |   | By:    |   | /s/ David H. Shipman                                                    |
|--------|--------|----------------------------------------------------------|--------|--------|--------|-------------------------------------------------------------------------|
|   |   |                                                     |   |   |   |                                                                    |
| Name:  |   | Alan Rae                                                 |   | Name:  |   | David H. Shipman                                                        |
|   |   |                                                     |   |   |   |                                                                    |
| Title: |   | Chief Executive Officer    (Principal Executive Officer) |   | Title: |   | Chief Financial Officer    (Principal Financial and Accounting Officer) |

 

This certificate is beingmade for the exclusive purpose of compliance by the Chief Executive Officer andChief Financial Officer of the Company with the requirements of Section 906of the Sarbanes-Oxley Act of 2002, and may not be disclosed, distributed orused by any person or for any reason other than as specifically required bylaw.

 

A signed original of this written statement required by Section 906has been provided to O2Diesel Corporation and will be retained by O2DieselCorporation and furnished to the Securities and Exchange Commission or itsstaff upon request.
No. 46377.

#### Protest 43766-K of M. Pressner & Co. (New York).

Opinion by

Oliver, P. J.

In accordance with stipulation of counsel that the-articles in question are similar in all material respects to those the subject of Abstract 44028 the so-called jump sticks or trick paddles were held dutiable at 33% percent under paragraph 412 as claimed.
EXHIBIT 32

| 1.   | The      Company’s quarterly report on Form 10-Q for the period ended April 2,      2010, to which this Certification is attached as Exhibit 32 (the “Periodic      Report”), fully complies with the requirements of Section 13(a) or Section      15(d) of the Securities Exchange Act of 1934,  and |
|----------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 2.   | The      information contained in the Periodic Report fairly presents, in all      material respects, the financial condition and results of operations of      the Company. |
|----------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:  May      12, 2010 |   | /s/ Martin      M. Koffel |   |
|-------------------------------------|--------|--------------------------------|--------|
|                                |   | Martin      M. Koffel          |   |
|                                |   | Chief      Executive Officer   |   |
|                                |   |                           |   |

| Dated:  May      12, 2010 |   | /s/ H.      Thomas Hicks |   |
|-------------------------------------|--------|-------------------------------|--------|
|                                |   | H.      Thomas Hicks          |   |
|                                |   | Chief      Financial Officer  |   |
|                                |   |                          |   |

----