alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

EH/Research

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

DARCY IRA THIGPEN, AKA Little Dee,

 Defendant - Appellant.

No. 08-50502

D.C. No. 2:92-cr-00749-SVW

MEMORANDUM *

Appeal from the United States District Court

for the Central District of California

Stephen V. Wilson, District Judge, Presiding

Submitted January 11, 2010** 

Before: BEEZER, TROTT, and BYBEE, Circuit Judges.

Darcy Ira Thigpen appeals from the district court’s order denying his motion

for a sentence reduction under 18 U.S.C. § 3582(c)(2) based on the retroactive

FILED

JAN 26 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
EH/Research 2 08-50502

application of Amendment 706 to the Sentence Guidelines provisions governing

crack cocaine. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Thigpen contends that the district court erred by denying his motion for a

sentence reduction under Amendment 706 because his sentence was based, in part,

on a sentencing range calculated under the Drug Quantity Table in U.S.S.G. 

§ 2D1.1. This contention fails because Thigpen qualified as a career offender

under U.S.S.G. § 4B1.1. Because the district court sentenced Thigpen based on a

sentencing range calculated under § 4B1.1, he is not eligible for a sentence

reduction under Amendment 706. See United States v. Wesson, 583 F.3d 728, 731

(9th Cir. 2009).

AFFIRMED.
[Federal Register Volume 62, Number 177 (Friday, September 12, 1997)]
[Notices]
[Page 48097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24180]


=======================================================================
-----------------------------------------------------------------------

GENERAL ACCOUNTING OFFICE


Federal Accounting Standards Advisory Board

AGENCY: General Accounting Office.

ACTION: Notice of September meeting.

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

SUMMARY: Pursuant to section 10(a)(2) of the Federal Advisory Committee 
Act (Pub. L. No. 92-463), as amended, notice is hereby given that the 
Federal Accounting Standards Advisory Board will meet on Friday, 
September 26, 1997, from 9:00 a.m. to 4:00 p.m. in Room 2N30 (not 7C13) 
of the General Accounting Office building, 441 G St., N.W., Washington, 
D.C.
    The purpose of the meeting is to discuss the following issues: (1) 
Social Insurance; (2) deferral of the implementation of the Managerial 
Cost Accounting Standard; (3) amendment of the Property, Plant, and 
Equipment (PP&E) Standard; and (4) Management's Discussion and Analysis 
(MD&A).
    Any interested person may attend the meeting as an observer. Board 
discussions and reviews are open to the public.

FOR FURTHER INFORMATION CONTACT: Wendy Comes, Executive Director, 441 G 
St., N.W., Room 3B18, Washington, D.C. 20548, or call (202) 512-7350.

    Authority: Federal Advisory Committee Act. Pub. L. No. 92-463, 
Section 10(a)(2), 86 Stat. 770, 774 (1972) (current version at 5 
U.S.C. app. section 10(a)(2) (1988); 41 CFR 101-6.1015 (1990).

    Dated: September 8, 1997.
Wendy M. Comes,
Executive Director.
[FR Doc. 97-24180 Filed 9-11-97; 8:45 am]
BILLING CODE 1610-01-P
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# L_2018228EN.01000101.xml

| 11.9.2018 | EN | Official Journal of the European Union | L 228/1 |
| --- | --- | --- | --- |

11.9.2018

EN

Official Journal of the European Union

L 228/1

---

DECISION (EU, Euratom) 2018/1223 OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES

of 5 September 2018

appointing an Advocate-General to the Court of Justice

THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 19 thereof,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 253 and 255 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,

Whereas:

| (1) | The terms of office of 14 Judges and 5 Advocates-General of the Court of Justice are due to expire on 6 October 2018. Appointments to these posts should therefore be made for the period beginning on 7 October 2018. |
| --- | --- |

(1)

The terms of office of 14 Judges and 5 Advocates-General of the Court of Justice are due to expire on 6 October 2018. Appointments to these posts should therefore be made for the period beginning on 7 October 2018.

| (2) | The term of office of these Judges and Advocates-General will be six years. |
| --- | --- |

(2)

The term of office of these Judges and Advocates-General will be six years.

| (3) | Mr Gerard HOGAN has been nominated for the post of Advocate-General of the Court of Justice. |
| --- | --- |

(3)

Mr Gerard HOGAN has been nominated for the post of Advocate-General of the Court of Justice.

| (4) | The panel set up by Article 255 of the Treaty on the Functioning of the European Union has given an opinion on the suitability of Mr Gerard HOGAN to perform the duties of Advocate-General of the Court of Justice, |
| --- | --- |

(4)

The panel set up by Article 255 of the Treaty on the Functioning of the European Union has given an opinion on the suitability of Mr Gerard HOGAN to perform the duties of Advocate-General of the Court of Justice,

HAVE ADOPTED THIS DECISION:

Article 1

Mr Gerard HOGAN is hereby appointed Advocate-General of the Court of Justice for the period from 7 October 2018 to 6 October 2024.

Article 2

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Done at Brussels, 5 September 2018.

The President

N. MARSCHIK

---
UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF PENNSYLVANIA

MICHAEL RODI, Administrator :

of the Estate of TYHEIM BROWN

a/k/a TYHEIJM J-SEAN BROWN, :

deceased

:

Plaintiff

: CIVIL ACTION NO. 4:12-1379

 v

: (JUDGE MANNION)

KENNETH R. WILLIAMS and GUS

GENETTI OF WILLIAMSPORT, INC.:

a/k/a GENETTI LYCOMING HOTEL

a/k/a GENNETTI HOTEL & SUITES, :

Defendants :

ORDER

AND NOW, upon consideration of the Petition for Approval of the

Settlement in a Wrongful Death Action, Doc. 59, and the brief in support, Doc.

63, it is hereby ORDERED and DECREED that:

(1) The Petition for Approval of the Settlement in a Wrongful Death

Action is GRANTED.

(2) Plaintiff is authorized to enter into a settlement with Defendant, Gus

Genetti of Williamsport, Inc., in the gross sum of $345,000.00. The settlement

shall be allocated 100% as wrongful death benefits and 0% as survival action

benefits. Defendant shall forward all settlement drafts or checks to the

Plaintiff's counsel for proper distribution.

(3) The settlement funds allocated to the Wrongful Death Claim shall be

distributed as follows:

Case 4:12-cv-01379-MEM Document 65 Filed 04/23/15 Page 1 of 2
Bernard Bland $212,047.28; Ginsburg & Associates Counsel Fees

$115,000.00; and Ginsburg & Associates Reimbursement of Costs

$17,952.72.

s/ Malachy E. Mannion 

MALACHY E. MANNION

United States District Judge

Date: April 23, 2015

O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2012 MEMORANDA\12-1379-01-Order.wpd

2

Case 4:12-cv-01379-MEM Document 65 Filed 04/23/15 Page 2 of 2
CERTIFICATE 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 of Roanoke Technology Corp. (the
"Company") on Form 10-Q for the quarter ended July 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, David
L. Smith, Chief Executive Officer and 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 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 respect, the financial condition and result of operations of
          the Company.

     A signed original of this written statement required by Section 906 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.

/s/ David L. Smith
----------------------------------
Name:   David L. Smith
Title:  Chief Executive Officer and
        Chief Financial Officer

Date:   September 20, 2004
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2173 Introduced in Senate (IS)]

109th CONGRESS
  1st Session
                                S. 2173

   To assist pharmacies in facilitating enrollment of dual eligible 
       populations under the Medicare prescription drug benefit.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 21, 2005

 Mrs. Clinton (for herself and Mr. Rockefeller) introduced the 
        following bill; which was read twice and referred to the 
        Committee on FinanceYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

_______________________________________________________________________

                                 A BILL

 
   To assist pharmacies in facilitating enrollment of dual eligible 
       populations under the Medicare prescription drug benefit.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Dual Eligible 
Identification and Enrollment Facilitation Act of 2005''.

SEC. 2. FACILITATION OF IDENTIFICATION AND ENROLLMENT THROUGH 
              PHARMACIES OF FULL-BENEFIT DUAL ELIGIBLE INDIVIDUALS IN 
              THE MEDICARE PART D DRUG PROGRAM.

    (a) In General.--The Secretary of Health and Human Services shall 
provide for outreach and education to pharmacies participating under 
part D of title XVIII of the Social Security Act, particularly 
independent pharmacies, on the following:
            (1) The full-benefit dual eligible population.
            (2) The transition from Medicaid prescription drug coverage 
        to coverage under such part for such population.
            (3) The processes established by the Secretary to 
        facilitate, at point of sale, identification of drug plan 
        assignment of such population or enrollment of previously 
        unidentified or new full-benefit dual eligible individuals into 
        Medicare part D prescription drug coverage, including how 
        pharmacies can use such processes to help ensure that such 
        population makes a successful transition to Medicare part D 
        without a lapse in prescription drug coverage.
    (b) Holding Pharmacies Harmless for Certain Costs.--The Secretary 
of Health and Human Services shall provide for such payments to 
pharmacies as may be necessary to reimburse pharmacies fully for--
            (1) any transaction fees associated with the point-of-sale 
        facilitated identification and enrollment processes referred to 
        in subsection (a)(3); and
            (2) costs associated with any technology or software 
        upgrade necessary to make any identification and enrollment 
        inquiries as part of such processes.
                                 <all>
```
II 

109TH CONGRESS 

2D SESSION S. 2190 

To extend the temporary suspension of duty on 11-aminoundecanoic acid 

(monomer 11) 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25, 2006 

Mr. SANTORUM introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To extend the temporary suspension of duty on 11- 

aminoundecanoic acid (monomer 11) 

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

3 SECTION 1. 11-AMINOUNDECANOIC ACID (MONOMER 11). 

4 (a) IN GENERAL.—Heading 9902.32.49 of the Har5 monized Tariff Schedule of the United States is amended 

6 by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2008’’. 

7 (b) EFFECTIVE DATE.—The amendment made by 

8 subsection (a) applies to goods entered, or withdrawn from 
2 

•S 2190 IS

1 warehouse for consumption, on or after the 15th day after 

2 the date of enactment of this Act. 

Æ
**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 Quarterly Report of GSIGroup Inc. (the “Company”) on Form 10-Q for the period ended April 2, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Glenn E. Davis, Principal Financial Officer of theCompany, certify, 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 my knowledge: 

(1) the Report fully complies with the requirements of section 13(a) or 15(d), as applicable, of the Securities ExchangeAct of 1934; and 

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

 

December 13, 2010 

This Certification shall not be deemed “filed” for purposes ofSection 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liability of that section, or incorporated by reference into any of the Company’s filings with the Securities and Exchange Commission by implicationor by any reference in any such filings to the Report. 

A signed original of this written statement required by Section 906 has beenprovided to GSI Group Inc. and will be retained by GSI Group Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

TRACY E. WATTS,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 182 EAL 2017

Petition for Allowance of Appeal from

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 23rd day of August, 2017

, the Petition for Allowance of Appeal is

DENIED

.
EXHIBIT  32.01

                           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 of AvStar Aviation Group, Inc. (the
"Company")  on  Form  10-Q for the quarter ended June 30, 2011 as filed with the
Securities  and  Exchange Commission on or about the date hereof ("Report"), the
undersigned,  in  the  capacities  and  on  the  dates  indicated  below, 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  his  knowledge:

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.

Dated:  August 22,  2011                        /s/  Clayton  I.  Gamber
                                                ------------------------
                                                Clayton  I.  Gamber,
                                                Chief  Executive  Officer
Exhibit 10(a)













	Exhibit 10(a)





	INDEPENDENT AUDITORS’ CONSENT






	We consent to the incorporation by reference in Amendment
      No. 2 to File No. 811-09739 on Form N-1A of Master Large Cap Series Trust
      of reports dated December 14, 2001 on each of the Portfolios listed below,
      appearing in each respective Fund’s October 31, 2001 Annual Report.






	Name
      

    




	Master Large Cap Core
Portfolio 

Merrill Lynch Large Cap Core Fund 
Mercury Large Cap Core Fund




	Master Large Cap Growth
Portfolio 

Merrill Lynch Large Cap Growth Fund 
Mercury Large Cap Growth Fund




	Master Large Cap Value
Portfolio 

Merrill Lynch Large Cap Value Fund 
Mercury Large Cap Value Fund












	/s/ Deloitte & Touche LLP 






	New York, New York 

      January 29, 2002
<PAGE>   1
 
                                                                    EXHIBIT 11.1
 
                              UOL PUBLISHING, INC.
 
                  STATEMENT RE: COMPUTATION OF PER SHARE LOSS
 
<TABLE>
<CAPTION>
                                                                         YEARS ENDED DECEMBER 31,
                                                                 -----------------------------------------
                                                                   1994           1995            1996
                                                                 ---------     -----------     -----------
<S>                                                              <C>           <C>             <C>
Net loss per share:
Weighted average shares of common stock outstanding............    417,055         771,171         997,958
Shares of Series A and Series B Preferred Stock and Preferred
  Stock Dividends issued during the twelve month period prior
  to the initial filing of the S-1 (using the treasury stock
  method)......................................................    187,787         187,787         174,440
Shares of Common Stock issued during the twelve month period
  prior
  to the initial filing of the S-1 (using the treasury stock
  method)......................................................      2,098           2,098           1,932
Common equivalent shares from options, warrants and convertible
  debt issued during the twelve month period prior to the
  initial
  filing of the S-1 (using the treasury stock method)..........    117,976         117,976         108,634
                                                                 ---------     -----------     -----------
Total..........................................................    724,916       1,079,032       1,282,964
                                                                 =========     ===========     ===========
Net loss.......................................................  $(687,258)    $(2,239,641)    $(4,640,703)
Accrued dividends to preferred stockholders....................         --        (174,889)       (330,706)
                                                                 ---------     -----------     -----------
Net loss available to common stockholders......................  $(687,258)    $(2,414,530)    $(4,971,409)
                                                                 =========     ===========     ===========
Net loss per share to common stockholders......................  $   (0.95)    $     (2.24)    $     (3.88)
                                                                 =========     ===========     ===========
</TABLE>
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 Amendment No. 1 to the Annual Report of Conmed Healthcare Management, Inc. (the “Company”) on Form 10-K/A for the period ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Thomas W. Fry, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:




(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.




A signed original of this written statement required by Section 906 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.







March 24, 2011


By
/s/ Thomas W. FryThomas W. Fry, Senior Vice President

and Chief Financial Officer
Michigan Supreme Court

Lansing, Michigan

Stephen J. Markman

, Chief Justice

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

Kurtis T. Wilder

Elizabeth T. Clement

, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

November 22, 2017

jam 

# Order

Clerk November 22, 2017

1 56772 (1 3 )

WILLIAM MARQU ISE JOHNSON

,

Plaintiff

- Appellant,

v SC: 1 56772

COA: 339641

LAKELAND CORRECTIONAL FACILITY

WARDEN

,

Defendant

- Appellee.

___________________________________

On order of the Chief Justice, the motion to waive fees is considered and it

is DENIED because MCL 600.2963 requires that a prisoner pursuing a civil action be

liable for filing fees.

Within 21 days of the certification of this order, plaintiff shall pa y to the

Clerk of the Court the initial partial filing fee of $ 87 .00, shall submit a copy of this order

with the payment, and shall refile the copy of the pleadings which is being returned

with this order. Failure to comply with this order shall result in the appeal not being

filed in this Court.

If plaintiff timely files the partial fee and refiles the pleadings, monthly

payments shall be made to the Department of Corrections in an amount of 50 percent of

the deposits made to plaintiff’s account until t he payments equal the balance due of

$ 288 .00. This amount shall then be remitted to this Court.

Pursuant to MCL 600.2963(8) plaintiff shall not file further appeals in civil

actions in this Court until the entry fee in this case is paid in full.

The Clerk of the Court shall furnish two copies of this order to plaintiff and

return plaintiff’s pleadings with this order.