alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Of the Northern District of F l o rida, sitting by * designation. Not for P ubl ication in West's Fe deral Report er. 

# U nit edStates C ou rt o f App eal s

For t h e Firs t C ircu it

No. 04-1477 UNITED STATES OF AMERICA, Appellee,
v . CLINT JOSEPH, Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE [Hon. Joseph A. DiClerico, U.S. District Judge]
Before Torruella and Lynch, Circuit Judges, Stafford, Senior District Judge.

*
Elaine Mittleman on brief for appellant. Aixa Maldonado-Quiñones, Assistant United States Attorney, and Thomas P. Colantuono, United States Attorne y , on brief for appellee.

May 23, 2008-2- Per Curiam. This is a sentencing appeal. Clint Joseph pled guilty in December 200 3 to possession with intent to distribute five grams or more of cocaine base. 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B)(iii). On March 19, 2004, he was sentenced to eig h ty-seven months' imprisonment, five years of supervised release, and a special assessment of $100. The sentence was at the low end of the Guidelines range. The court rejected Joseph's argument that he receive the mandatory minimum sentence of sixty months.

The sent e nce was imposed before the Supreme Court's decision in United States v. Booker, 543 U.S. 220 (2005). Joseph's first argument is that his sentence should be vacated and the case remanded to the sentencing court under Booker. But Joseph plainly does not meet the standards for such a remand under the circuit's pla i n e r ror standard for unpreserved claims of Booker error, set out in United States v. Antonakopoulos, 399 F.3d 68, 75 (1st Cir. 2005). We affirm his sentence.

Joseph also argues the case should be remanded in light of two arguments he has never presented to the district court. First, he argues that he should be resentenced in light of a recent amendme n t to the Sentencing Guidelines reducing the base offense level for most crack cocaine offenses. See U.S.S.G. § 2D1.1; id. app. C, amend. 711 (effective Nov. 1. 2007). On March 3, 2008, this amendment to the Guidelines was made retroactive, which allows-3-

defendant to file a post-sentencing motion with the district court to modify his sentence under 18 U.S.C. § 3582(c)(2). See id. § 1B1.10. Second, he argues that the Guideline which makes the amendment retroactive, section 1B1.10, is itself unconstitutional, because according to Joseph, the provision provides limitations on the court's d i scretion once the court calculates the amended Guidelines range.

If Joseph so chooses, he may file appropriate motions to raise these issues in the district court. Nothing in this judgment precludes that. We simply affirm his original sentence and remand the matter to the district court to entertain any motions defendant may promptly file. See United States v. Connell, 960 F.2d 191, 197 (1st Cir. 1992).

So ordered.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, 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.

 June 24, 2014

t0616

Order 

Clerk

June 24, 2014

148635

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 148635

COA: 319464

Wayne CC: 06-011233-FC

RAY KALAK,

Defendant-Appellant. 

_________________________________________/

On order of the Court, the application for leave to appeal the December 19, 2013 

order of the Court of Appeals is considered, and it is DENIED, because the defendant’s 

motion for relief from judgment is prohibited by MCR 6.502(G).
II 

118TH CONGRESS 

1ST SESSION S. 2747 

To amend the Federal Election Campaign Act of 1971 to extend the 

Administrative Fine Program for certain reporting violations. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 7, 2023 

Ms. KLOBUCHAR (for herself and Mrs. FISCHER) introduced the following bill; 

which was read twice, considered, read the third time, and passed 

A BILL 

To amend the Federal Election Campaign Act of 1971 to 

extend the Administrative Fine Program for certain reporting violations. 

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

3 SECTION 1. EXTENSION OF ADMINISTRATIVE FINE PRO4 GRAM. 

5 Section 309(a)(4)(C)(v) of the Federal Election Cam6 paign Act of 1971 (52 U.S.C. 30109(a)(4)(C)(v)) is 

7 amended by striking ‘‘December 31, 2023’’ and inserting 

8 ‘‘December 31, 2033’’. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
```

[104th Congress Public Law 149]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ149.104]

[[Page 110 STAT. 1379]]

Public Law 104-149
104th Congress

                                 An Act

 
To amend the National School Lunch Act to provide greater flexibility to 
 schools to meet the Dietary Guidelines for Americans under the school 
   lunch and school breakfast programs. <<NOTE: May 29, 1996 -  [H.R. 
                                2066]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Healthy Meals 
for Children Act.>> 

SECTION 1. <<NOTE: 42 USC 1751 note.>> SHORT TITLE.

    This Act may be cited as the ``Healthy Meals for Children Act''.

SEC. 2. INCREASED FLEXIBILITY FOR SCHOOLS TO MEET THE DIETARY GUIDELINES 
            FOR AMERICANS UNDER THE NATIONAL SCHOOL LUNCH ACT.

    Section 9(f)(2) of the National School Lunch Act (42 U.S.C. 
1758(f)(2)) is amended by striking subparagraph (D) and inserting the 
following:
    ``(D) Use of any reasonable approach.--
            ``(i) In general.--A school food service authority may use 
        any reasonable approach, within guidelines established by the 
        Secretary in a timely manner, to meet the requirements of this 
        paragraph, including--
                    ``(I) using the school nutrition meal pattern in 
                effect for the 1994-1995 school year; and
                    ``(II) using any of the approaches described in 
                subparagraph (C).
            ``(ii) Nutrient analysis.--The Secretary may not require a 
        school to conduct or use a nutrient analysis to meet the 
        requirements of this paragraph.''.

    Approved May 29, 1996.

LEGISLATIVE HISTORY--H.R. 2066:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 104-561 (Comm. on Economic and Educational 
Opportunities).
CONGRESSIONAL RECORD, Vol. 142 (1996):
            May 14, considered and passed House.
            May 16, considered and passed Senate.

                                  <all>
```
PUBLIC LAW 104–85—DEC. 28, 1995 109 STAT. 799

LEGISLATIVE HISTORY—S. 369:

HOUSE REPORTS: No. 104–419 (Comm. on Transportation and Infrastructure).

CONGRESSIONAL RECORD, Vol. 141 (1995):

Aug. 9, considered and passed Senate.

Dec. 18, considered and passed House.

Æ

Public Law 104–85

104th Congress

An Act

To designate the Federal Courthouse in Decatur, Alabama, as the ‘‘Seybourn H.

Lynne Federal Courthouse’’, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. DESIGNATION.

The Federal Courthouse in Decatur, Alabama, is designated

as the ‘‘Seybourn H. Lynne Federal Courthouse’’.

SEC. 2. LEGAL REFERENCES.

Any reference in any law, regulation, document, record, map,

or other paper of the United States to the building referred to

in section 1 is deemed to be a reference to the Seybourn H. Lynne

Federal Courthouse.

Approved December 28, 1995.

Dec. 28, 1995

[S. 369]
<PAGE>

                                                                    Exhibit 24.1

                               POWER OF ATTORNEY

          KNOW ALL MEN BY THESE PRESENTS, that each of the undersigned directors
and officers of Shiloh Industries, Inc., a Delaware corporation, hereby
constitutes and appoints John F. Falcon, Stephen E. Graham and Thomas C.
Daniels, and each of them, as the true and lawful attorney or attorneys-in-fact,
with full power of substitution and revocation, for each of the undersigned and
in the name, place and stead of each of the undersigned, to sign on behalf of
each of the undersigned an Annual Report on Form 10-K for the fiscal year ended
October 31, 2001 pursuant to Section 13 of the Securities Exchange Act of 1934
and to sign any and all amendments to such Annual Report, and to file the same,
with all exhibits thereto, and other documents in connection therewith,
including, without limitation, a Form 12b-25, with the Securities and Exchange
Commission, granting to said attorney or attorneys-in-fact, and each of them,
full power and authority to do so and perform each and every act and thing
requisite and necessary to be done in and about the premises, as fully to all
intents and purposes as the undersigned might or could do in person, hereby
ratifying and confirming all that said attorney or attorneys-in-fact or any of
them or their substitute or substitutes, may lawfully do or cause to be done by
virtue hereof.

          This Power of Attorney may be executed in multiple counterparts, each
of which shall be deemed an original with respect to the person executing it.

          Executed as of this 25/th/ day of December 2001.


  /s/ John F. Falcon
----------------------------------           -----------------------------------
John F. Falcon                               James C. Fanello
President, Chief Executive                   Director
Officer (Principal Executive
Officer) and Director


  /s/ David J. Hessler                         /s/ Curtis E. Moll
----------------------------------           -----------------------------------
David J. Hessler                             Curtis E. Moll
Director                                     Chairman of the Board and Director


  /s/ James A. Karman                          /s/ Maynard H. Murch, IV
----------------------------------           -----------------------------------
James A. Karman                              Maynard H. Murch, IV
Director                                     Director


  /s/ Ronald C. Houser                         /s/ John J. Tanis
----------------------------------           -----------------------------------
Ronald C. Houser                             John J. Tanis
Director                                     Director


  /s/ Stephen E. Graham                        /s/ Theodore K. Zampetis
----------------------------------           -----------------------------------
Stephen E. Graham                            Theodore K. Zampetis
Treasurer and Chief Financial                Director
Officer (Principal Financial
and Accounting Officer)
EX-4.1: FORM OF SPECIMEN CERTIFICATE



 



Exhibit 4.1




	 	 	 	 	 
	NUMBER	 	
COMMON STOCK	 	 
	
	
	
	

	 	 	
PAR VALUE $.01 PER SHARE
	 	SHARES
	
	
	
	

	WCI	 	
CUSIP	 	 
	
	
	
	

	INCORPORATED UNDER THE LAWS	 	
SEE [LANGUAGE TO COME]	 	 
	
	
	
	

	OF THE STATE OF DELAWARE	 	 	 	 



[PHOTO]



WCI COMMUNITIES, INC.




	 	 	 
	THIS CERTIFIES THAT	 	
_________________________________________________________________________________




	 	 	 
	IS THE OWNER OF	 	
______________________________________________________________________________________



FULLY PAID AND NONASSESSABLE SHARES OF THE COMMON STOCK, PAR VALUE
$.01 PER SHARE, OF


FULLY PAID AND NONASSESSABLE SHARES OF THE COMMON STOCK, PAR VALUE $.01 PER
SHARE, OF


WCI COMMUNITIES, INC., a Delaware corporation (hereinafter
referred to as the “Corporation”), transferrable on the books of the Corporation
by the holder hereof in person or by duly authorized attorney, upon surrender of
this Certificate properly endorsed. This Certificate and the shares represented
hereby are issued and shall be subject to all of the provisions of the
Certificate of Incorporation and By-Laws of the Corporation, as from time to
time amended, to all of which the holder of this Certificate by acceptance
hereof assents. This Certificate is not valid unless countersigned and
registered by the Transfer Agent and Registrar.


         Witness facsimile seal of the corporation and the facsimile signatures of
its duly authorized officers.




	 	 	 	 
	 	Dated:	 	 
	
	
	
	

	COUNTERSIGNED AND REGISTERED:	 	 
	
	
	
	

	 	(NEW YORK, N.Y.)	 	
[SEAL]
	
	
	
	

	 	TRANSFER AGENT AND REGISTRAR
	 

	
	
	
	

	 	AUTHORIZED SIGNATURE	
/s/

SECRETARY
	 	 	
 
	
	
	
	

	 	 	 	
/s/

CHAIRMAN AND CHIEF EXECUTIVE OFFICER
Transport Airplane Directorate

1601 Lind Avenue, S.W.

Renton, Washington 98057-3356

November 20, 2012

Mr. Jonathan Moritz

Delta Engineering

13 DRBA Way

New Castle, DE 19720

Dear Mr. Moritz:

We are in receipt of your November 7, 2012, petition for exemption from Title 14, Code of 

Federal Regulations (14 CFR) 26.11(b) [sic (c)], to allow Delta Engineering to approve 

electrical wiring interconnection systems (EWIS) Instructions for Continued Airworthiness 

(ICA) and/or assessments.

 

The petition, which you submitted to the Department of Transportation’s Federal Document 

Management System (Docket No. FAA 2012-1209), is being reviewed by our office. We 

will let you know if additional information is needed.

In the meantime, should you have any questions or concerns regarding your petition or the 

petition process, please contact Stephen Slotte at 425-227-2315, or at steve.slotte@faa.gov.

Sincerely, 

Original signed by Jan Thor

Jan Thor

Sr. Technical Writer-Editor

Standardization Branch

Transport Standards Staff

Transport Airplane Directorate

Aircraft Certification Service
[Federal Register Volume 62, Number 184 (Tuesday, September 23, 1997)]
[Notices]
[Pages 49701-49702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25160]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[AZ-050-97-1430-01; AZA 25991, AZA 29964-AZA-29989]


Arizona: Notice of Realty Action

AGENCY: Bureau of Land Management, Interior.

ACTION: Extension of Notice for Competitive Sale of Public Land and 
Termination of Classifications in Quartzsite, La Paz County, Arizona.

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

SUMMARY: This notice extends the Notice of Realty Action published in 
the Federal Register on December 20, 1996, on Page 67342 of Vol. 61, 
No. 246, by the Yuma Field Office for a public land sale. The following 
land in Quartzsite, La Paz County, Arizona has been found suitable for 
disposal under sections 203 and 209 of the Federal Land Policy and 
Management Act of 1976 (90 Stat. 2750, 43 U.S.C. 1713). In addition, 
this Notice terminates the following Recreation and Public Purposes 
(R&PP) Act classifications for lease/conveyance on the subject sale 
parcels: AZA 23973 published July 5, 1989; AZA 24512 published May 23, 
1990, AZA 25991 published November 21, 1991, September 28, 1994, and 
January 25, 1996.
    The public land affected by this Notice is:

[[Page 49702]]

Gila and Salt River Meridian, Arizona

T. 4 N., R. 19 W.,
    Sec. 22, NE\1/4\SE\1/4\, E\1/2\E\1/2\NW\1/4\SE\1/4\;
    Sec. 23, N\1/2\SW\1/4\, S\1/2\NE\1/4\SW\1/4\SW\1/4\, NW\1/
4\SW\1/4\SW\1/4\, N\1/2\SE\1/4\SW\1/4\, SW\1/4\SE\1/4\SW\1/4\;
    Sec. 29, N\1/2\NE\1/4\NE\1/4\, NW\1/4\NE\1/4\, N\1/2\NW\1/4\.

    Aggregating 315.00 acres, more or less.

SUPPLEMENTARY INFORMATION: The December 20, 1996, Notice segregated the 
subject public land from appropriation under the public land laws, 
including the mining laws, pending disposition of the action or 270 
days from the date of publication of the notice in the Federal 
Register. Upon publication of this notice in the Federal Register, that 
segregation will be extended pending completion of the sale or for 
another 270-day period, whichever occurs first

EFFECTIVE DATE OF TERMINATION OF R&PP CLASSIFICATION: September 23, 
1997.

FOR FURTHER INFORMATION CONTACT: Debbie DeBock, Realty Specialist, Yuma 
Field Office, 2555 East Gila Ridge Road, Yuma, AZ 85365, (520) 317-
3208.

    Dated: September 11, 1997.
Maureen A. Merrell,
Program Manager, Business and Fiscal Services.
[FR Doc. 97-25160 Filed 9-22-97; 8:45 am]
BILLING CODE 4310-32-M
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2868 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                S. 2868

  To accept the request to revoke the charter of incorporation of the 
 Lower Sioux Indian Community in the State of Minnesota at the request 
               of that Community, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 20, 2023

  Ms. Smith (for herself and Ms. Klobuchar) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

_______________________________________________________________________

                                 A BILL

 
  To accept the request to revoke the charter of incorporation of the 
 Lower Sioux Indian Community in the State of Minnesota at the request 
               of that Community, and for other purposes.

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

SECTION 1. REVOCATION OF CHARTER OF INCORPORATION OF THE LOWER SIOUX 
              INDIAN COMMUNITY.

    The request of the Lower Sioux Indian Community in the State of 
Minnesota to surrender the charter of incorporation issued to that 
community and ratified on July 17, 1937, pursuant to section 17 of the 
Act of June 18, 1934 (commonly known as the ``Indian Reorganization 
Act'') (48 Stat. 988, chapter 576; 25 U.S.C. 5124), is hereby accepted 
and that charter of incorporation is hereby revoked.
                                 <all>
```
EXHIBIT 32

    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  Cherokee Banking Company, (the
"Company") on Form 10-QSB for the period ended September 30, 2003, as filed with
the  Securities  and  Exchange Commission on the date hereof (the "Report"), the
undersigned,  Dennis  W.  Burnette, President and Chief Executive Officer of the
Company,  and A.R. Roberts, III, 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  respects,  the financial condition and results of operations
          of  the  Company.


This 12th day of November 2004.


/s/ Dennis W. Burnette
-------------------------------------
President and Chief Executive Officer




/s/ A.R. Roberts, III
-------------------------------------
Chief Financial Officer


<PAGE>
<PAGE>

                                                                    EXHIBIT 99.3

                                  [Letterhead of Arthur Andersen Appears Here]


REPORT OF INDEPENDENT ACCOUNTANTS



To BANK ONE CORPORATION:

We have examined the accompanying management's assertion about Bank One,
National Association's (as successor by merger to Bank One, Texas National
Association) (the "Servicer"), compliance with the covenants and conditions of
the Banc One Auto Grantor Trust 1997 - A Pooling and Servicing Agreement dated
as of May 31, 1997 (the "Agreement") between the Servicer and The Bankers Trust
Company (as Trustee for the various Certficateholders and Enhancement Providers)
during the year ended December 31, 2000. Management is responsible for the
Servicer's compliance with the Agreement. Our responsibility is to express an
opinion on management's assertion about the Servicer's compliance based on our
examination.

Our examination was made in accordance with standards established by the
American Institute of Certified Public Accountants and, accordingly, included
examining, on a test basis, evidence about the Servicer's compliance with those
requirements and performing such other procedures as we considered necessary in
the circumstances. We believe that our examination provides a reasonable basis
for our opinion.

In our opinion, management's assertion that the Servicer complied with the
covenants and conditions of the Agreement for the year ended December 31, 2000
is fairly stated, in all material respects.

                                         /s/ Arthur Andersen LLP


Chicago, Illinois
March 15, 2001

<PAGE>

                          Assertion by Bank One, N.A.

Bank One, N.A., as successor by merger to Bank One, Texas, N.A., services the
motor vehicle retail installment sale contracts for the Banc One Auto Grantor
Trust 1997-A. As of and for the year ended December 31, 2000, Bank One, N.A. had
complied, in all material respects, with the Banc One Auto Grantor Trust 1997-A
Pooling and Servicing Agreement.

/s/Tracie H. Klein                   /s/James K. Kendrick
-----------------------------        ----------------------------------------
Tracie H. Klein                      James K. Kendrick
Vice President                       Retail Controller and Senior Vice President
Bank One, N.A.                       Bank One, N.A.
(Subsidiary of BANK ONE CORPORATION) (Subsidiary of BANK ONE CORPORATION)
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20

- 7872

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. MUSHULLA SALEEM NIXON, a/k/a M ’ Shulla , Defendant

- Appellant

.

Appeal from the United States District Court for the Eastern District of North Carolina , at Greenville

. Louise W. Flanagan , District Judge. ( 4:07

- cr - 00053

- FL

- 1 )

Submitted : April 22, 2021 Decided: April 27, 2021

Before GREGORY, Chief Judge, AGEE , Circuit Judge , and TRAXLER, Senior Circuit Judge.

Affirmed by un published per curiam opinion

.

Mushulla Saleem Nixon , Appellant Pro Se. J ennifer P. May

- Parker, Assistant United States Attorney, Joshua L. Rogers, Assistant U nited States Attorney , OFFICE OF THE UNITED STATES ATTORNEY , Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Mushulla Saleem Nixon appeals the district court’s order denying his motion for a
sentence reductio n under § 404 of the First Step Act of 2018, Pub. L. No. 115

- 391, 132
Stat. 5194 . We have reviewed the record and find no reversible error. Accordingly , we affirm for the reasons stated by the district court. United States v. Nixon , No.
4:07

- cr - 00053

- FL

- 1 (E.D.N.C. Dec. 15, 2020). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED
**EXHIBIT 32.01**

 

**Section 1350 Certification**

 

In connection with this annual report of BlackRock Global Horizons I L.P. (the “Company”) on Form 10-K for the fiscal year ended December 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (this “Report”), I, Edward Rzeszowski, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant of the Sarbanes-Oxley Act of 2002, that:

 

1. This 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

 
| By                   |  /s/ EDWARD RZESZOWSKI |   |
|----------------------|-----------------------------|--------|
| Edward Rzeszowski    |                        |
| President            |                        |
|                 |                        |
| August 13, 2012 |                        |

 

----