alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

 v. 

LAWRENCE SIKUTWA, 

Defendant-Appellant.

No. 17-30140 

D.C. No. 4:12-cr-00056-BLW 

MEMORANDUM*

Appeal from the United States District Court

for the District of Idaho

B. Lynn Winmill, Chief Judge, Presiding

Submitted August 15, 2018**

Before: FARRIS, BYBEE, and N.R. SMITH, Circuit Judges. 

Lawrence Sikutwa appeals from the district court’s judgment and challenges 

the revocation of supervised release following a contested evidentiary hearing. We 

have jurisdiction under 28 U.S.C. § 1291. Reviewing for abuse of discretion, see 

United States v. Verduzco, 330 F.3d 1182, 1184 (9th Cir. 2003), we affirm.

 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

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

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

FILED

AUG 21 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 17-30140 

Sikutwa contends that the government failed to prove by a preponderance of 

the evidence that his violation was willful and, therefore, the district court erred by 

revoking his supervised release. Contrary to Sikutwa’s contention, Bearden v. 

Georgia, 461 U.S. 660 (1983), did not require the district court to find that 

Sikutwa’s violation was willful. In that case, the Court addressed the 

circumstances under which the trial court may imprison a defendant for failure to 

pay. See id. at 672 (court may not impose sentence of imprisonment for failure to 

pay unless failure was willful or, in the case of bona fide efforts to pay, where the 

court determines that alternatives to imprisonment are insufficient). Bearden is 

inapposite here because the district court did not impose a term of imprisonment; it

instead opted to impose a new supervised release term, with a 60-day period of 

home confinement. In any event, the evidence here was sufficient to show 

willfulness, notwithstanding the fact that Sikutwa paid more than was required on 

some occasions. See United States v. Jeremiah, 493 F.3d 1042, 1045-46 (9th Cir. 

2007).

AFFIRMED.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          FEB-28-1998
<PERIOD-START>                             MAR-01-1997
<PERIOD-END>                               FEB-28-1998
<CASH>                                          46,001
<SECURITIES>                                         0
<RECEIVABLES>                                  283,180
<ALLOWANCES>                                         0
<INVENTORY>                                    109,838
<CURRENT-ASSETS>                               507,720
<PP&E>                                         489,989
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               1,432,900
<CURRENT-LIABILITIES>                        4,635,906
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        27,437
<OTHER-SE>                                 (3,230,443)
<TOTAL-LIABILITY-AND-EQUITY>                 1,432,900
<SALES>                                      3,383,836
<TOTAL-REVENUES>                             3,383,836
<CGS>                                          704,534
<TOTAL-COSTS>                                8,066,474
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             344,479
<INCOME-PRETAX>                            (5,027,117)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (5,027,117)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (5,027,117)
<EPS-BASIC>                                     (3.91)
<EPS-DILUTED>                                   (3.91)


</TABLE>
# Official Journal C 328A/2008

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 328A |
| | |
| English edition | Information and Notices | Volume 5123 December 2008 |

ISSN 1725-2423

Official Journal

of the European Union

C 328A

English edition

Information and Notices

Volume 5123 December 2008

---

| Notice No | Contents | page |
| --- | --- | --- |
| | Corrigenda |
| 2008/C 328A/01 | Corrigendum to the Common catalogue of varieties of agricultural plant species — 27th complete edition (OJ C 297 A, 20.11.2008) | 1 |

Notice No

Contents

page

Corrigenda

2008/C 328A/01

Corrigendum to the Common catalogue of varieties of agricultural plant species — 27th complete edition (OJ C 297 A, 20.11.2008)

1

---

| | |
| --- | --- |
| 2008/C 328A/02 | Note to the reader (see page 3 of the cover) | s3 |

2008/C 328A/02

Note to the reader (see page 3 of the cover)

Note to the reader

s3

---

| EN | |
| --- | --- |

EN
Exhibit 31.2

CERTIFICATIONS

I,
Barry L. Edwards., certify that:

1.     I
have reviewed this annual report on Form 10-K ofSOURCECORP, Incorporated (the "registrant");

2.     Based
on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in
light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3.     Based
on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition,
results of operations and cash flows of the registrant as of, and for, the periods presented in this report;

4.     The
registrant's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules13a-15(e) and 15d-15(e)) for the registrant and have:



5.     The
registrant's other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's
auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent functions):



|Date: March 12, 2004 |  | /s/ Barry L. EdwardsBarry L. Edwards
Executive Vice President and Chief Financial Officer |  | 
|-------------------- |  | ----------------------------------------------------------------------------------------- |  | 

---

QuickLinks
#### STATE of Louisiana v. Richard D. JACKSON.

No. 54504.

Supreme Court of Louisiana.

April 5, 1974.

In re: R. D. Jackson, applying for remedial writs and stay order.

Writ denied. No error of law.

BARHAM, J., is of the opinion the writ should be granted.

TATE, J.,

is of the opinion that *Argersinger*requires that a writ be granted. See also Burgett v. Texas, 389 U.S. 109, 88 S.Ct. 258, 19 L.Ed.2d 319 (1967).

DIXON, J., is of the opinion the writ should be granted.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL DATA INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF USARADIO.COM, INC. FOR THE YEAR ENDED DECEMBER 31, 1999
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-31-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                           9,225
<SECURITIES>                                         0
<RECEIVABLES>                                  488,621
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               666,462
<PP&E>                                         613,557
<DEPRECIATION>                                 434,826
<TOTAL-ASSETS>                                 845,193
<CURRENT-LIABILITIES>                          790,738
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,673
<OTHER-SE>                                    (87,869)
<TOTAL-LIABILITY-AND-EQUITY>                   845,193
<SALES>                                              0
<TOTAL-REVENUES>                             3,692,244
<CGS>                                                0
<TOTAL-COSTS>                                3,967,852
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                            (54,774)
<INCOME-PRETAX>                              (515,382)
<INCOME-TAX>                                    59,500
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (455,882)
<EPS-BASIC>                                     (0.03)
<EPS-DILUTED>                                   (0.03)


</TABLE>
CONSENT OF INDEPENDENT ACCOUNTANTS


We hereby consent to the incorporation by reference in the
Registration Statements on Form S-8 dated February 21, 1992 (No.
33-45911), December 3, 1992 (No. 33-55308), January 27, 1993 (No.
33-57712), June 10, 1993 (No. 33-64102), September 22, 1993 (No.
33-69196), March 7, 1996 (No. 333-01549) and March 7, 1996 (No.
333-01547) and in the Registration Statement on Form S-3 dated
January 3, 1996 (No. 33-64271) and in the Registration Statement on
Form S-2 dated January 24, 1997 (No. 333-17547) of SA
Telecommunications, Inc. of our report on the financial statements
of AddTel Communications, Inc. dated December 18, 1996, except
as to Note 8 which is as of January 17, 1997, appearing elsewhere
in this Form 8-K/A.



PRICE WATERHOUSE LLP

/s/ Price Waterhouse LLP

Dallas, Texas
February 6, 1997
<TABLE> <S> <C>

<ARTICLE>                    7
<MULTIPLIER>                                        1,000,000
       
<S>                          <C>
<PERIOD-TYPE>                YEAR
<FISCAL-YEAR-END>            DEC-31-1996
<PERIOD-END>                 DEC-31-1996
<DEBT-HELD-FOR-SALE>                                  10,719
<DEBT-CARRYING-VALUE>                                      0
<DEBT-MARKET-VALUE>                                        0
<EQUITIES>                                                36
<MORTGAGE>                                                67
<REAL-ESTATE>                                              0
<TOTAL-INVEST>                                        11,538
<CASH>                                                   876
<RECOVER-REINSURE>                                         0
<DEFERRED-ACQUISITION>                                   250
<TOTAL-ASSETS>                                        14,428
<POLICY-LOSSES>                                            0
<UNEARNED-PREMIUMS>                                        0
<POLICY-OTHER>                                        11,638
<POLICY-HOLDER-FUNDS>                                      0
<NOTES-PAYABLE>                                          229
<PREFERRED-MANDATORY>                                      0
<PREFERRED>                                               14
<COMMON>                                                   0
<OTHER-SE>                                             1,051
<TOTAL-LIABILITY-AND-EQUITY>                          14,428
<PREMIUMS>                                                 0
<INVESTMENT-INCOME>                                      796
<INVESTMENT-GAINS>                                         8
<OTHER-INCOME>                                           336
<BENEFITS>                                                 0
<UNDERWRITING-AMORTIZATION>                               60
<UNDERWRITING-OTHER>                                     278
<INCOME-PRETAX>                                          150
<INCOME-TAX>                                              50
<INCOME-CONTINUING>                                        0
<DISCONTINUED>                                             0
<EXTRAORDINARY>                                            0
<CHANGES>                                                  0
<NET-INCOME>                                             101
<EPS-PRIMARY>                                           3.36
<EPS-DILUTED>                                           3.33
<RESERVE-OPEN>                                             0
<PROVISION-CURRENT>                                        0
<PROVISION-PRIOR>                                          0
<PAYMENTS-CURRENT>                                         0
<PAYMENTS-PRIOR>                                           0
<RESERVE-CLOSE>                                            0
<CUMULATIVE-DEFICIENCY>                                    0
        


</TABLE>
#### CENTEX-WINSTON CORPORATION, a Florida corporation, Appellant, v. ADOBE BRICK AND SUPPLY COMPANY, Appellee.

No. 73-1214.

District Court of Appeal of Florida, Third District.

Feb. 6, 1974.

PER CURIAM.

Appeal dismissed.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          OCT-31-1999
<PERIOD-END>                               JAN-31-1999
<CASH>                                      15,142,000
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                      79,200,000
<DEPRECIATION>                            (14,772,000)
<TOTAL-ASSETS>                              83,513,000
<CURRENT-LIABILITIES>                                0
<BONDS>                                     60,631,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    19,314,000
<OTHER-SE>                                   1,114,000
<TOTAL-LIABILITY-AND-EQUITY>                83,513,000
<SALES>                                              0
<TOTAL-REVENUES>                             3,655,000
<CGS>                                                0
<TOTAL-COSTS>                                1,813,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,149,000
<INCOME-PRETAX>                                693,000
<INCOME-TAX>                                     3,000
<INCOME-CONTINUING>                            690,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   690,000
<EPS-PRIMARY>                                      .44
<EPS-DILUTED>                                      .44
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM AUDITED
CONSOLIDATED BALANCE SHEETS AND AUDITED CONSOLIDATED STATEMENTS OF OPERATIONS
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH 53 WEEKS ENDED FEBRUARY 2,
1997.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          FEB-02-1997
<PERIOD-END>                               FEB-02-1997
<CASH>                                          67,589
<SECURITIES>                                         0
<RECEIVABLES>                                   51,148
<ALLOWANCES>                                   (4,057)
<INVENTORY>                                    502,095
<CURRENT-ASSETS>                               643,133
<PP&E>                                       1,353,703
<DEPRECIATION>                               (301,477)
<TOTAL-ASSETS>                               3,131,993
<CURRENT-LIABILITIES>                          825,774
<BONDS>                                      2,344,406
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    192,831
<COMMON>                                        56,263
<OTHER-SE>                                   (568,362)
<TOTAL-LIABILITY-AND-EQUITY>                 3,131,993
<SALES>                                      5,516,259
<TOTAL-REVENUES>                             5,519,259
<CGS>                                        4,326,230
<TOTAL-COSTS>                                4,326,230
<OTHER-EXPENSES>                             1,035,392
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             284,217
<INCOME-PRETAX>                              (129,580)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (129,580)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (129,580)
<EPS-PRIMARY>                                   (3.54)
<EPS-DILUTED>                                   (3.54)
        

</TABLE>
#### Johnny B. NEELEY, Petitioner, v. STATE of Florida, Respondent.

No. 73-1020.

District Court of Appeal of Florida, Second District.

Dec. 18, 1973.

Habeas Corpus denied.
# C_2004106EN.01005204.xml

| 30.4.2004 | EN | Official Journal of the European Union | C 106/52 |
| --- | --- | --- | --- |

30.4.2004

EN

Official Journal of the European Union

C 106/52

---

Removal from the register of Case C-301/01 (1)

1

(2004/C 106/92)

By order of 19 January 2004 the President of the Court of Justice of the European Communities has ordered the removal from the register of Case C-301/01: Commission of the European Communities v Hellenic Republic.

---

(1)  OJ C 259 of 15.9.2001.

1

---
Subsidiaries of PriCellular Wireless Corporation

--------------------------------------------------------------------------------
Name of Subsidiary                                  State of Incorporation
--------------------------------------------------------------------------------

PCPCS Corporation                                           Delaware

Alexandra Cellular Corporation                              Delaware

Amro Cellular Corporation                                   Delaware

Bunyan Cellular Corporation                                 Delaware

Cellular Kentucky Cellular Corporation                      Alabama

Cellular Information Systems of Laredo, Inc.                Texas

Minnesota Six Cellular Corporation                          Louisiana

Vilas Cellular Corporation                                  Wisconsin

One Cellular Corporation                                    Wisconsin

Chill Cellular Corporation                                  Delaware

Chippewa Cellular Corporation                               Delaware

Duluth/Superior Cellular, Inc.                              Minnesota

Eastern Wireless Cellular Corporation                       Delaware

Gilro Cellular Corporation                                  Delaware

Marathon Cellular Corporation                               Delaware

Northland Cellular Corporation                              Delaware

Pebbles Cellular Corporation                                Delaware

Seven Cellular Corporation                                  Delaware

Four Cellular Corporation                                   Delaware

Five Cellular Corporation                                   Delaware

Dutches County Cellular Telephone Company, Inc.             Delaware


                                       1
#### Robert G. LUBBERS, Sr., Appellant, v. Byron PRUGH and Helen Prugh, Appellees.

No. 70-392.

District Court of Appeal of Florida, Fourth District.

Feb. 17, 1971.

PER CURIAM.

Affirmed.
103D CONGRESS

1ST SESSION H. R. 63

AMENDMENTS
In the Senate of the United States,

June 29 (legislative day, June 22), 1993.

Resolved, That the bill from the House of Representatives (H.R. 63) entitled ‘‘An Act to establish the Spring

Mountains National Recreation Area in Nevada, and for

other purposes’’, do pass with the following

AMENDMENTS:

1 Ω1æPage 3, line 7, strike out øwaters¿ and insert: inter2 ests therein

3 Ω2æPage 4, line 16, strike out øFederal and State¿

4 Ω3æPage 4, line 23, strike out øthe management, utiliza5 tion, and disposal of¿ and insert: the management and use

6 of

7 Ω4æPage 5, line 7, strike out øafter¿ and insert: in

8 Ω5æPage 5, line 13, after ‘‘livestock’’, insert: on Federal

9 lands

10 Ω6æPage 6, line 4, strike out øconform to¿ and insert:

11 be consistent with

12 Ω7æPage 8, line 15, strike out øof the 89,270 acres¿ and

13 insert: those lands within the Recreation Area
2

HR 63 EAS

1 Ω8æPage 9, strike out lines 4 to 9 and insert:

2 (a) IN GENERAL.—The Secretary is authorized to ac3 quire lands and interests therein within the boundaries of

4 the Recreation Area by donation, purchase with donated or

5 appropriated funds, exchange, or transfer from another

6 Federal agency, except that such lands or interests owned

7 by the State of Nevada or a political subdivison thereof may

8 be acquired only by donation or exchange.

9 Ω9æPage 9, line 11, strike out øor waters¿ and insert:

10 or interests therein

11 Ω10æPage 10, line 1, strike out ølands, waters, and in12 terests¿ and insert: lands and interests

13 Ω11æPage 10, line 6, strike out all after ‘‘Area’’ down

14 to and including line 9 and insert: are withdrawn from—

15 Ω12æPage 10 strike out lines 20 to 24

16 Ω13æPage 11, line 1, strike out ø10¿ and insert: 9

17 Ω14æPage 11, line 8, strike out øin southern Nevada¿

18 Ω15æPage 11, line 9, strike out ø11¿ and insert: 10

Attest:

Secretary.
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 the quarterly report of Wireless Frontier Internet, Inc. (the
"Company") on Form 10-QSB for the fiscal quarter ended June 30, 2004 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Alex J. Gonzalez, Chief Executive 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.

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.


Date:  August 18, 2004                  By: /s/ Alex J. Gonzalez
                                            -------------------------------
                                            Alex J. Gonzalez
                                            Chief Executive Officer