alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court of Appeals For the Eighth Circuit

___________________________

No. 23-1317

___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee

v. Kenneth Williams, Jr. lllllllllllllllllllll Defendant - Appellant

____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis

____________ Submitted: May 8, 2023 Filed: May 11, 2023 [Unpublished]

____________ Before LOKEN, BENTON, and STRAS, Circuit Judges.

____________ PER CURIAM. Kenneth Williams appeals after the district court 1 revoked his supervised release and sentenced him to 11 months in prison followed by an additional 24-month

1 The Honorable Ronnie L. White, United States District Judge for the Eastern District of Missouri.term of supervised release. His counsel has moved to withdraw, and has filed a brief

arguing that the revocation sentence is substantively unreasonable. Upon careful review, we conclude that the sentence was not unreasonable, as there is no indication that the district court overlooked a relevant factor, gave significant weight to an improper or irrelevant factor, or committed a clear error of judgment in weighing the relevant factors. See United States v. Tumea, 810 F.3d 563, 566 (8th Cir. 2016); United States v. Charles, 531 F.3d 637, 640-41 (8th Cir. 2008). Accordingly, we grant counsel’s motion to withdraw, and affirm.

______________________________

-2-
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# 2018 HireOhio Career Fair 

By Brenda MinnemaDLA Land and Maritime People and Culture

                COLUMBUS, Ohio  –              
Brenda Minnema and Dave Lanzillotta represented DLA Land and Maritime at the 2018 HireOhio Career Fair at The Ohio State University June 14.  

Employers that attended this career fair met alumni from The Ohio State University, Capital University, Miami University, Ohio University, Otterbein University, Wright State University, Franklin University and more.  

More than 75 potential applicants visited the DLA booth.  Attendees were interested in full-time and part-time employment opportunities.  

Several fairgoers were interested in positions in the fields of administration, contracting, general supply and purchasing. 

Potential applicants held degrees in engineering, finance, criminology, law, business and marketing, IT and many more.

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Careers L&MCommunity L&MCulture L&MDLA L&MPACER/Intern L&MResource the Enterprise L&M
No. 40524.

#### Protests 843369-G, etc., of A. Cohen & Sons Corp. et al. (New York).

Opinion by

Dallinger, J.

It was stipulated that the merchandise consists of pen stands, atomizers, paper weights, calendars, trays, inkstands, and thimbles chiefly used in the household for utilitarian purposes. The claim at 40 percent under paragraph 339 was therefore sustained. *United States*v. *Friedlaender*(21 C. C. P. A. 103, T. D. 46445), *Dow*v. *United States*(id. 282, T. D. 46816), and *Rice*v. *United States*(T. D. 49373) cited.
# C_2014315EN.01001301.xml

| 15.9.2014 | EN | Official Journal of the European Union | C 315/13 |
| --- | --- | --- | --- |

15.9.2014

EN

Official Journal of the European Union

C 315/13

---

Judgment of the Court (Fourth Chamber) of 10 July 2014 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — Fazenda Pública v Banco Mais SA

(Case C-183/13) (1)

1

((Taxation - VAT - Directive 77/388/EEC - Article 17(5), third subparagraph, point (c) - Article 19 - Deduction of input tax - Leasing transactions - Mixed use goods and services - Rule for determining the amount of the VAT deduction - Derogation - Conditions))

2014/C 315/18

Language of the case: Portuguese

Referring court

Referring court

Supremo Tribunal Administrativo

Parties to the main proceedings

Parties to the main proceedings

Applicant: Fazenda Pública

Applicant:

Defendant: Banco Mais SA

Defendant:

Operative part of the judgment

Operative part of the judgment

Point (c) of the third subparagraph of Article 17(5) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment, must be interpreted as not precluding a Member State, in circumstances such as those in the main proceedings, from requiring a bank, which, inter alia, carries out leasing activities, to include in the numerator and denominator of the fraction used to determine a single deductible proportion for all of its mixed use goods and services just the part of the rental payments made by customers as part of their leasing agreements that corresponds to interest, where that use of the goods and services is primarily caused by the financing and management of those contracts, that being a matter for the national court to ascertain.

---

(1)  OJ C 189, 29.6.2013.

1

---
<PAGE>
 
                                                                      Exhibit 12


                       PRESTOLITE ELECTRIC HOLDING, INC.
               COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES


<TABLE>
<CAPTION>
                                                 1994        1995       1996       1997       1998
                                               ---------  ----------  ---------  ---------  ---------
<S>                                            <C>        <C>         <C>        <C>        <C>
Income (loss) from continuing operations                                                             
  before income taxes and extraordinary item       3,666     (1,578)      1,717      5,126      3,350
 
Fixed charges:
  Interest                                         3,360      4,282       5,313      5,384     13,494
  33% of rental expense                              543        492         535      1,054        823
                                                   -----     ------       -----     ------     ------

Total fixed charges                                3,903      4,774       5,848      6,438     14,317
                                                   -----     ------       -----     ------     ------

Income (loss) plus fixed charges                   7,569      3,196       7,565     11,564     17,667
                                                   -----     ------       -----     ------     ------
 
Ratio of earnings to fixed charges                   1.9         NA         1.3        1.8        1.2
                                                   =====     ======       =====     ======     ======

Amount by which earnings were insufficient
  to cover fixed charges                              NA      1,578          NA         NA         NA
                                                   =====     ======       =====     ======     ======
</TABLE>
Exhibit 32.1

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 Annual Report on Form 10-K for the fiscal year ended January 31, 2004 as filed with the Securities and Exchange Commission by Electronics Boutique
Holdings Corp. (the "Company") on the date hereof (the "Report"), Jeffrey W. Griffiths, as President and Chief Executive Officer of the Company, and James A. Smith, as Senior Vice President and Chief
Financial Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to his knowledge:



|By:    | /s/JEFFREY W. GRIFFITHS                           |  | 
|------ | ------------------------------------------------- |  | 
|Name:  | Jeffrey W. Griffiths                              |  | 
|Title: | President and Chief Executive Officer             |  | 
|Date:  | April 14, 2004                                    |  | 
|By:    | /s/JAMES A. SMITH                                 |  | 
|Name:  | James A. Smith                                    |  | 
|Title: | Senior Vice President
and Chief Financial Officer |  | 
|Date:  | April 14, 2004                                    |  | 

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

A
signed original of this certification required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.

---

QuickLinks
(Reap. Dec. 9906)

#### Joseph H. Meyer Bros. *v.*United States

Entry No. 831435.

(Decided January 25, 1961)

*Marry Relian*for the plaintiff.

*George 8. Leonard,,*Acting Assistant Attorney General, for the defendant.

Oliver, Chief Judge:

This appeal for reappraisement relates to certain imitation pearls exported from Spain and entered at the port of New York.

The case has been submitted for decision without the introduction of any evidence. An examination of the official papers discloses nothing to disturb the values found by the appraiser which carry a statutory presumption of correctness (28 U.S.C. § 2633).

Accordingly, I hold that the proper basis for appraisement of the merchandise in question is foreign value, as defined in section 402(c) of the Tariff Act of 1930, as amended, and that such statutory value' for each of the items is the appraised value, as indicated in red ink on the consular invoice.

Judgment will be rendered accordingly.
II 

112TH CONGRESS 

1ST SESSION S. 1964 

To amend the Internal Revenue Code of 1986 to exempt from the harbor 

maintenance tax certain commercial cargo loaded or unloaded at United 

States ports in the Great Lakes Saint Lawrence Seaway System. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 8, 2011 

Ms. STABENOW (for herself and Mr. PORTMAN) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to exempt 

from the harbor maintenance tax certain commercial 

cargo loaded or unloaded at United States ports in the 

Great Lakes Saint Lawrence Seaway System. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Great Lakes Short 

5 Sea Shipping Enhancement Act of 2011’’. 


jbell on DSK7SPTVN1PROD with BILLS
2 

•S 1964 IS

1 SEC. 2. EXEMPTION OF CERTAIN COMMERCIAL CARGO 

2 FROM THE HARBOR MAINTENANCE TAX. 

3 (a) IN GENERAL.—Section 4462 of the Internal Rev4 enue Code of 1986 is amended— 

5 (1) by redesignating subsection (i) as subsection 

6 (j), and 

7 (2) by inserting after subsection (h) the fol8 lowing new subsection: 

9 ‘‘(i) EXEMPTION FOR CERTAIN CARGO TRANS10 PORTED ON THE GREAT LAKES SAINT LAWRENCE SEA11 WAY SYSTEM.— 

12 ‘‘(1) IN GENERAL.—No tax shall be imposed 

13 under section 4461(a) with respect to— 

14 ‘‘(A) commercial cargo (other than bulk 

15 cargo) loaded at a port in the United States lo16 cated in the Great Lakes Saint Lawrence Sea17 way System and unloaded at another port in 

18 the United States located in such system, and 

19 ‘‘(B) commercial cargo (other than bulk 

20 cargo) unloaded at a port in the United States 

21 located in the Great Lakes Saint Lawrence Sea22 way System which was loaded at a port in Can23 ada located in such system. 

24 ‘‘(2) BULK CARGO.—For purposes of this sub25 section, the term ‘bulk cargo’ shall have the meaning 

26 given such term by section 53101(1) of title 46, 


jbell on DSK7SPTVN1PROD with BILLS
3 

•S 1964 IS

1 United States Code (as in effect on the date of the 

2 enactment of this section). 

3 ‘‘(3) GREAT LAKES SAINT LAWRENCE SEAWAY

4 SYSTEM.—For purposes of this subsection, the term 

5 ‘Great Lakes Saint Lawrence Seaway System’ 

6 means the waterway between Duluth, Minnesota and 

7 Sept. Iles, Quebec, encompassing the five Great 

8 Lakes, their connecting channels, and the Saint 

9 Lawrence River.’’. 

10 (b) EFFECTIVE DATE.—The amendments made by 

11 this section shall take effect on the date of enactment of 

12 this Act. 

Æ 


jbell on DSK7SPTVN1PROD with BILLS
1

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

913 MARKET, LLC,

Plaintiff,

v.

INVESTUSA HOLDING 

ENTERPRISES, LLC,

Defendant.

)

)

)

)

)

)

)

)

)

)

C.A. No. N16C-09-240 CLS

ORDER

1. A bench trial in this breach of contract action was held on October 10, 2019.

2. On November 25, 2019, the Court ruled in the Plaintiff’s favor and ordered 

Defendant to pay Plaintiff’s reasonable attorneys’ fees pursuant to a provision 

of the contract between the parties.1

3. On January 7, 2020, Defendant asked this Court to award only $25,000 in 

legal fees because Defendant believed Plaintiff’s attorneys’ fees were 

excessive. Defendant also identified several items on Plaintiff’s invoice 

which Defendant considered to be excessive.

4. On February 26, 2020, Plaintiff filed its Affidavit of Attorneys’ Fees. Plaintiff 

agreed to reduce its claim for reasonable attorneys’ fees from $54,546.90 to 

$46,854.40 based on Defendant’s objections to specifically invoiced tasks.

 

1 913 Market, LLC v. InvestUSA Holdings Enterprises, LLC, 2019 WL 63818105, 

at *2, *6 (Del. Super. Nov. 25, 2019).
2

5. When assessing the reasonableness of an award for attorneys’ fees and other 

expenses, the Court considers the factors identified in Rule 1.5(a) of the 

Delaware Lawyers’ Rules of Professional Conduct and relevant case law.2 

The Court may also consider whether the number of hours devoted to the 

litigation was “excessive, redundant, duplicative or otherwise unnecessary.”3

6. It is true that the trial in this case lasted only one hour. However, the case was 

before the Court for more than three years. While defense counsel changed 

during this three year period, Plaintiff’s counsel remained Plaintiff’s counsel 

for the entire case. Plaintiff’s counsel also showed good faith by agreeing to 

a reduced award of attorneys’ fees based on Defendant’s objections.

7. For the aforementioned reasons, the Court orders Defendant to pay Plaintiff’s 

reasonable attorneys’ fees in the amount of $46,854.40.

IT IS SO ORDERED.

The Honorable Calvin L. Scott, Jr.

Dated: March 10, 2020

 

2 Mahani v. Edix Media Group, Inc., 935 A.2d 242, 247 (Del. 2007).

3

Id. at 247–48.
Case No. 9,396.

#### Ex parte MATTISON.

[Cited in Electoral College of South Carolina, Case No. 4,336. Nowhere reported; opinion not now accessible.]
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

LAZZO MARTIN

, Appellant,

v.

VIVIAN SUAREZ

, Appellee

.

No. 4D 20

- 2766

[ March 10, 2022 ]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm

Beach County ; Glenn D. Kelley , Judge; L.T. Case No.

502019CA011544XXXXMB

.

Robert O. Gonzalez of Robert O. Gonzalez, PLLC, Lake Worth, for

appellant.

Joel H. Feldman of Johnson, Ritchey & Feldman, P.A., Boca Raton,

for appellee.

P ER C URIAM

.

Affirmed.

K LINGENSMITH

, K UNTZ and A RTAU , JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
# C_2014395EN.01001601.xml

| 10.11.2014 | EN | Official Journal of the European Union | C 395/16 |
| --- | --- | --- | --- |

10.11.2014

EN

Official Journal of the European Union

C 395/16

---

Judgment of the Court (Third Chamber) of 4 September 2014 (requests for a preliminary ruling from the Hof van beroep te Antwerpen — Belgium) — Provincie Antwerpen v Belgacom NV van publiek recht (C-256/13), Mobistar NV (C-264/13)

(Joined Cases C-256/13 and C-264/13) (1)

((Reference for a preliminary ruling - Electronic communications networks and services - Directive 2002/20/EC - Article 6 - Conditions attached to the general authorisation and to the rights of use for radio frequencies and for numbers, and specific obligations - Article 13 - Fees for rights of use and rights to install facilities - Regional legislation making undertakings liable to pay a tax on places of business))

(2014/C 395/19)

Language of the case: Dutch

Referring court

Hof van beroep te Antwerpen

Parties to the main proceedings

Appellant: Provincie Antwerpen

Respondents: Belgacom NV van publiek recht (C-256/13), Mobistar NV (C-264/13)

Operative part of the judgment

Articles 6 and 13 of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (‘the Authorisation Directive’) must be interpreted as not precluding operators providing electronic communications networks or services from being subject to a general tax on establishments, on account of the presence on public or private property of cellular telephone communication masts, pylons or antennae which are necessary for their activity.

---

(1)  OJ C 207, 20.7.2013.

---
#### F. B. Vandegrift & Co. a/c Thomas M. Royal & Co. *v.*United States

No. 7658.

Invoice dated Toronto, Canada, October 27, 1947.

Certified October 27, 1947.

Entered at Philadelphia, Pa., November 18, 1947.

Entry No. 2071.

(Decided February 4, 1949)

*Tompkins & Tompkins*(J. *Stuart Tompkins*of counsel) for the plaintiff.

*David N. Edelstein,*Assistant Attorney General *(Charles J. Miville,*special attorney), for the defendant.

Oliver, Chief Judge:

This appeal for reappraisement has been submitted for decision upon the following stipulation of counsel for the parties hereto:

> ""Tt IS HEREBY STIPULATED AND AGREED, subject to the approval of the Court, that the issues in Reappraisement Appeal 167106-A-3435 are the same in all material respects as the issues decided in *C. J. Tower & Sons*v. *United States,*R. D. 7624, and that the record in said case may be incorporated herein.

> IT IS FURTHER STIPULATED AND AGREED that the appraised value of the merchandise in this case, less the additions made by the importer on entry because of advances by the appraiser in similar cases, is equal to the price, at the *395time of exportation of such merchandise to the United States, at which such or similar merchandise is freely offered for sale to all purchasers in the principal markets of the country from which exported, in the usual wholesale quantities in the ordinary course of trade, for exportation to the United States, and that the foreign value of such or similar merchandise is no higher.

> IT IS FURTHER STIPULATED AND AGREED that this ease may be submitted on the foregoing stipulation.

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 importer on entry because of advances by the appraiser in similar cases.

Judgment will be rendered accordingly.
No. 55583.

#### Whelan Lace & Fabrics Corp. *v.*United States,

protest 169319-K (New York).

*440Opinion by Ekwall, J.

At the hearing it was stipulated that the cireumstanees relating to the liquidator’s conversion of the currency are similar in all material respects to those in Abstract 54732. The collector’s letter of transmittal, which was received in evidence, conceded that the conversion of the currency should have been made in accordance with Bureau of Customs Circular Letter No. 2675. In view of the stipulation and following the cited decision it was held that the currency of the invoice should have been converted in the manner directed by the judgment of this court in said Abstract 54732, in accordance with Bureau of Customs Circular Letter No. 2675, dated October 19, 1949.