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NOT FOR PUBLICATION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.

KORY ALLEN CROSSMAN, a.k.a. Lobes,

Defendant

- Appellant. No. 16

- 10215

D.C. No. 2:07

- cr

- 00145

- KJD

MEMORANDUM *

Appeal from the United States District Court

for the District of Nevada Kent J. Dawson, District Judge, Presiding

Submitted March 8, 2017 **

Before: LEAVY, W. FLETCHER , and OWENS, Circuit Judges.

Kory A llen Crossman appeals from the district court’s order denying his

motion for a sentence reduction under 18 U.S.C. § 3582(c)(2). We have

jurisdiction under 28 U.S.C. § 1291, and we affirm.

Crossman contends that he is entitled to a sentence reduction under

* 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. A pp. P. 34(a)(2). 

# FILED

MAR 14 2017

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2 16

- 10215

Amendment 782 to the Sentencing Guidelines. He argues that the district court

procedurally erred by failing to calculate the amended Guidelines range, failing to

adequately explain its decision and respond to Crossma n’s mitigating arguments,

and relying o n a clearly erroneous fact. The record reflects that the district court

properly followed the approach set forth in Dillon v. United States , 560 U.S. 817,

826

- 27 (2010). The parties agreed on the amended Guidelines range and the

district court understood that Crossman was eligible for a reduction to a sentence

within that range. However, the court declined to grant a reduction. It sufficiently

explained its decision. See United States v. Carty , 520 U.S. 984, 992 (9th Cir.

2008) (en banc). Moreover, th e court’s finding that Crossman might be released

from prison in the future was not clearly erroneous because the record reflects that

Crossman will be eligible for parole. See United States v. Dann , 652 F.3d 1160,

1176 (9th Cir. 2011) (setting forth clea r error standard).

Crossman further contends that the district court abused its discretion when

it declined to reduce his sentence. The district court properly based its decision on

its conclusion that Crossman would pose a serious threat to the public in light of

his serious post

- sentencing acts of misconduct. See U.S.S.G. § 1B1.10 cmt.

n.1(B)(ii); United States v. Lightfoo t, 626 F.3d 1092, 1096 (9th Cir. 2010).

AFFIRM ED

.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2298 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2298

   To suspend temporarily the duty on Caprolactone-Diethylene Glycol 
                              Copolymers.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 29, 2009

  Mr. Brown (for himself and Mr. Voinovich) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
   To suspend temporarily the duty on Caprolactone-Diethylene Glycol 
                              Copolymers.

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

SECTION 1. CAPROLACTONE-DIETHYLENE GLYCOL COPOLYMERS.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``     9902.01.00      Caprolactone-       Free         No change        No change        On or before 12/  ''.
                        diethylene glycol                                                  31/2011.......
                        copolymer (CAS
                        No. 36890-68-3)
                        (provided for in
                        subheading
                        3907.99.01)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to articles entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
[Federal Register Volume 77, Number 56 (Thursday, March 22, 2012)]
[Proposed Rules]
[Page 16784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6854]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 73

[Docket No. FDA-2012-C-0224]


E. & J. Gallo Winery; Filing of Color Additive Petition

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of petition.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that E. & 
J. Gallo Winery has filed a petition proposing that the color additive 
regulations be amended to provide for the expanded safe use of mica-
based pearlescent pigments as color additives in certain distilled 
spirits.

FOR FURTHER INFORMATION CONTACT: Raphael A. Davy, Center for Food 
Safety and Applied Nutrition (HFS-265), Food and Drug Administration, 
5100 Paint Branch Pkwy., College Park, MD 20740-3835, 240-402-1272.

SUPPLEMENTARY INFORMATION: Under the Federal Food, Drug, and Cosmetic 
Act (section 721(d)(1) (21 U.S.C. 379e(d)(1))), notice is given that a 
color additive petition (CAP 2C0294) has been filed by E. & J. Gallo 
Winery, c/o Keller and Heckman LLP, One Embarcadero Center, Suite 2110, 
San Francisco, CA 94111. The petition proposes to amend the color 
additive regulations in 21 CFR 73.350 to provide for the safe use of 
mica-based pearlescent pigments prepared from titanium dioxide and mica 
as color additives in distilled spirits containing not less than 18% 
and not more than 23% alcohol by volume but not including distilled 
spirits mixtures containing more that 5% wine on a proof gallon basis.
    The Agency has determined under 21 CFR 25.32(k) that this action is 
of a type that does not individually or cumulatively have a significant 
effect on the human environment. Therefore, neither an environmental 
assessment nor an environmental impact statement is required.

    Dated: March 13, 2012.
Francis Lin,
Acting Director, Office of Food Additive Safety, Center for Food Safety 
and Applied Nutrition.
[FR Doc. 2012-6854 Filed 3-21-12; 8:45 am]
BILLING CODE 4160-01-P
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 Marine Growth  Ventures,  Inc. (the
"Company")  on Form 10-QSB for the period  ended June 30, 2006 as filed with the
Securities and Exchange  Commission on the date hereof (the  "report"),  each of
the  undersigned  certifies,  pursuant  to 18 U.S.C.  Section  1350,  as adopted
pursuant to Section 906 of the  Sarbanes-Oxley  Action 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 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 7, 2006                 By: /s/  Katherine A. Ostruszka
                                          ----------------------------
                                          Katherine A. Ostruszka
                                          Chief Financial Officer And Controller
                                          (Principal Financial Officer)
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                      17,037,568
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                            75,000,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                462,850,089
<INVESTMENTS-CARRYING>                     802,046,077
<INVESTMENTS-MARKET>                       809,708,389
<LOANS>                                     56,044,957
<ALLOWANCE>                                    100,000
<TOTAL-ASSETS>                           1,459,344,205
<DEPOSITS>                                 846,739,932
<SHORT-TERM>                               499,932,628
<LIABILITIES-OTHER>                         13,609,660
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                       24,161,104
<PREFERRED>                                          0
<COMMON>                                        64,703
<OTHER-SE>                                  74,836,178
<TOTAL-LIABILITIES-AND-EQUITY>           1,459,344,205
<INTEREST-LOAN>                              2,566,321
<INTEREST-INVEST>                           70,469,608
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                            73,035,929
<INTEREST-DEPOSIT>                          18,722,500
<INTEREST-EXPENSE>                          46,863,231
<INTEREST-INCOME-NET>                       26,172,698
<LOAN-LOSSES>                                        0
<SECURITIES-GAINS>                             113,958
<EXPENSE-OTHER>                             82,648,997
<INCOME-PRETAX>                             20,339,901
<INCOME-PRE-EXTRAORDINARY>                  20,339,901
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                11,580,261
<EPS-PRIMARY>                                     1.80
<EPS-DILUTED>                                     1.75
<YIELD-ACTUAL>                                    2.24
<LOANS-NON>                                          0
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                               100,000
<CHARGE-OFFS>                                        0
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                              100,000
<ALLOWANCE-DOMESTIC>                                 0
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                        100,000
        

</TABLE>
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 China Shenghuo Pharmaceutical Holdings,
Inc. (the “Company”) on Form 10-Q for the period ended June 30, 2010 as filed
with the Securities and Exchange Commission on the date hereof (the “Report”),
the undersigned, in the capacities and on the date 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.





/s/ Gui Hua LanName:
      Gui Hua LanTitle:
      Chief Executive Officer and Chairman of the Board/s/ Chuanxiang HuangName:
      Chuanxiang HuangTitle:
      Chief Financial Officer




August
16, 2010




A signed
original of this written statement required by Section 906 has been provided to
China Shenghuo Pharmaceutical Holdings, Inc. and will be retained by China
Shenghuo Pharmaceutical Holdings, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.
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 Annual Report on Form 10-K for the period ended December 31, 2010 as filed with the Securities and Exchange Commission by Brooklyn Cheesecake & Desserts Company, Inc. (the “Company”) on the date hereof (the “Report”), I, Anthony J. Merante, President, 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





(i)
The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and





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





Date: February 28, 2011





/s/ Anthony J.  MeranteAnthony J. MerantePresident, Chief Executive Officer and Chief Financial Officer





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 written statement 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.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 18-20676

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

MASON ALLEN STAGGS,

Defendant-Appellant

Appeals from the United States District Court

for the Southern District of Texas

USDC No. 4:17-CR-680-1

Before CLEMENT, ELROD, and OLDHAM, Circuit Judges.

PER CURIAM:*

Mason Allen Staggs appeals the 120-month within-guidelines sentence 

imposed following his guilty plea conviction for stealing firearms from a 

federally licensed dealer, in violation of 18 U.S.C. § 924(m). He first argues 

that the district court plainly erred in determining his base offense level under 

U.S.S.G. § 2K2.1(a)(4)(B). Staggs pleaded guilty pursuant to a plea agreement 

wherein he waived the right to appeal his conviction and sentence on any 

 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

October 25, 2019

Lyle W. Cayce

Clerk

 Case: 18-20676 Document: 00515173743 Page: 1 Date Filed: 10/25/2019
No. 18-20676

2

ground, reserving only a claim of ineffective assistance of counsel. The 

Government seeks enforcement of the appeal waiver.

Our review of the record shows that the waiver was knowing and 

voluntary, as he knew that he had the right to appeal and that he was giving 

up that right by entering into the plea agreement. See United States v. Bond, 

414 F.3d 542, 544 (5th Cir. 2005); United States v. Portillo, 18 F.3d 290, 292-

93 (5th Cir. 1994). Thus, the waiver precludes consideration of Staggs’s 

challenge to the base offense level. See United States v. Story, 439 F.3d 226, 

231 (5th Cir. 2006).

Staggs also argues that he was denied the effective assistance of counsel 

because counsel failed to challenge the base offense level on the ground that 

his Texas juvenile adjudications did not qualify as convictions for purposes of 

§ 2K2.1(a)(4)(B). He asserts that the record is sufficiently developed to 

consider this claim on direct appeal. 

The Supreme Court has emphasized that a 28 U.S.C. § 2255 motion is 

the preferred method for raising claims of ineffective assistance of counsel. 

Massaro v. United States, 538 U.S. 500, 503-09 (2003). Contrary to Staggs’s 

argument, his claim was not developed sufficiently in the district court to 

enable this court to evaluate it. See United States v. Higdon, 832 F.2d 312, 314 

(5th Cir. 1987). We therefore decline to consider Staggs’s ineffective assistance 

of counsel claim without prejudice to his right to assert the claim on collateral 

review. See United States Isgar, 739 F.3d 829, 841 (5th Cir. 2014); Higdon, 

832 F.2d at 314.

Accordingly, the appeal is DISMISSED. 

 Case: 18-20676 Document: 00515173743 Page: 2 Date Filed: 10/25/2019
|Exhibit
  32.1
|--------------

CERTIFICATION PURSUANT TO 18 U.S.C.
SECTION 1350, AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of
China Energy Corporation (the "Company") on Form 10-QSB for the quarter ended
February 28, 2007, as filed with the Securities and Exchange Commission on the
date hereof (the "Report"), WenXiang Ding, Chief Executive Officer and President
of the Company, certifies to the best of his knowledge, pursuant to 18 U.S.C.
ss. 1350, as adopted pursuant to ss. 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 result of operations of the Company.
|   



|/s/ WenXiang
      DingWenXiang DingChief Executive Officer and PresidentDated: April 13, 2007
|----------------------------------------------------------------------------------------------

---
Exhibit 12.1

# Statement Regarding
Computation of Ratio of Earnings to Fixed Charges

|                                                     |  | For the Years Ended December 31,
|---------------------------------------------------- |  | --------------------------------
|
|
|Income before taxes                                  |  |                                 
|Add:  Minority Interests in earnings of subsidiaries |  |                                 
|                                                     |  |                                 
|Income before taxes and minority interests           |  |                                 
|Add:  fixed charges                                  |  |                                 
|                                                     |  |                                 
|Earnings including interest expense - deposits       |  |                                 
|Less:  interest expense - deposits                   |  |                                 
|                                                     |  |                                 
|Earnings excluding interest expenses - deposits      |  |                                 
|                                                     |  |                                 
|Fixed Charges:                                       |  |                                 
|Interest expense - deposits                          |  |                                 
|Interest expense - borrowings                        |  |                                 
|                                                     |  |                                 
|Fixed charges including interest expense - deposits  |  |                                 
|Less:  interest expense - deposits                   |  |                                 
|                                                     |  |                                 
|Fixed charges excluding interest expense - deposits  |  |                                 
|                                                     |  |                                 
|Earnings to fixed charges:                           |  |                                 
|Excluding interest on deposits                       |  |                                 
|Including interest on deposits                       |  |
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2173 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2173

    To suspend temporarily the duty on ultra-high molecular weight 
polyethylene yarn measuring not less than 341 decitex but not more than 
                              510 decitex.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 29, 2009

Mr. Specter (for himself and Mr. Casey) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
    To suspend temporarily the duty on ultra-high molecular weight 
polyethylene yarn measuring not less than 341 decitex but not more than 
                              510 decitex.

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

SECTION 1. ULTRA-HIGH MOLECULAR WEIGHT POLYETHYLENE YARN MEASURING NOT 
              LESS THAN 341 DECITEX BUT NOT MORE THAN 510 DECITEX.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``     9902.01.00      Ultra-high          Free         No change        No change        On or before 12/  ''.
                        molecular weight                                                   31/2011.......
                        polyethylene
                        yarn, measuring
                        not less than 341
                        decitex but not
                        more than 510
                        decitex (provided
                        for in subheading
                        5402.59.00)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```