alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 17-40295

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

EDEN FLORES, SR.,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 7:07-CR-144-2

Before KING, ELROD, and HIGGINSON, Circuit Judges.

PER CURIAM:*

Eden Flores, Sr., appeals the district court’s denial of his 18 U.S.C. 

§ 3582(c)(2) motion to reduce his concurrent life sentences on his jury trial 

convictions for conspiracy to possess with intent to distribute approximately 

201 kilograms of cocaine and for possession with intent to distribute 

approximately 201 kilograms of cocaine. Flores sought relief under 

Amendment 782 to the Sentencing Guidelines, which modified the drug 

 

* 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

March 14, 2018

Lyle W. Cayce

Clerk

 Case: 17-40295 Document: 00514385782 Page: 1 Date Filed: 03/14/2018
No. 17-40295

2

quantity table set out in U.S.S.G. § 2D1.1(c) and effectively lowered most drugrelated base offense levels by two levels. 

When considering a reduction under § 3582(c)(2), a district court must

substitute the retroactive amendment “for the corresponding guideline 

provisions” while leaving “all other guideline application decisions unaffected.” 

U.S.S.G. § 1B1.10(b)(1), p.s.; see Dillon v. United States, 560 U.S. 817, 827 

(2010). The district court correctly determined that the revised total offense 

level for Flores’s drug trafficking convictions was 46. Amendment 782 

consequently results in no change in Flores’s drug trafficking sentences 

because, even factoring in the amendment’s reduction of the base offense level, 

Flores has a total offense level that corresponds to life imprisonment, i.e., to 

the original sentences imposed. The district court therefore did not abuse its 

discretion in denying the § 3582(c)(2) motion. See United States v. Henderson, 

636 F.3d 713, 717 (5th Cir. 2011). Flores’s motion to decide the appeal as being 

unopposed by the Government is DENIED. 

AFFIRMED.

 Case: 17-40295 Document: 00514385782 Page: 2 Date Filed: 03/14/2018
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<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JAN-02-1999
<PERIOD-START>                             JAN-04-1998
<PERIOD-END>                               JAN-02-1999
<CASH>                                           2,188
<SECURITIES>                                         0
<RECEIVABLES>                                   29,191
<ALLOWANCES>                                     1,104
<INVENTORY>                                     74,168
<CURRENT-ASSETS>                               107,119
<PP&E>                                         103,082
<DEPRECIATION>                                  12,983
<TOTAL-ASSETS>                                 222,501
<CURRENT-LIABILITIES>                          168,569
<BONDS>                                        128,962
<PREFERRED-MANDATORY>                            5,500
<PREFERRED>                                          0
<COMMON>                                             2
<OTHER-SE>                                    (91,441)
<TOTAL-LIABILITY-AND-EQUITY>                  (91,439)
<SALES>                                        271,851
<TOTAL-REVENUES>                               271,851
<CGS>                                          262,462
<TOTAL-COSTS>                                  289,530
<OTHER-EXPENSES>                               (2,663)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              26,959
<INCOME-PRETAX>                               (41,975)
<INCOME-TAX>                                         3
<INCOME-CONTINUING>                           (41,978)
<DISCONTINUED>                                       0
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<CHANGES>                                            0
<NET-INCOME>                                  (41,978)
<EPS-PRIMARY>                                  (33.14)
<EPS-DILUTED>                                  (33.14)
        

</TABLE>
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 527 Reported in Senate (RS)]

                                                        Calendar No. 87
104th CONGRESS
  1st Session
                                 S. 527

                          [Report No. 104-65]

To authorize the Secretary of Transportation to issue a certificate of 
   documentation with appropriate endorsement for employment in the 
                coastwise trade for the vessel EMPRESS.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                March 9 (legislative day, March 6), 1995

   Mr. Lott introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                             April 18, 1995

    Reported, under authority of the order of the Senate of April 6 
  (legislative day, April 5), 1995, by Mr. Pressler, without amendment

_______________________________________________________________________

                                 A BILL

 
To authorize the Secretary of Transportation to issue a certificate of 
   documentation with appropriate endorsement for employment in the 
                coastwise trade for the vessel EMPRESS.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That notwithstanding 
sections 12106, 12107, and 12108 of title 46, United States Code, and 
section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), as 
applicable on the date of enactment of this Act, the Secretary of 
Transportation may issue a certificate of documentation with 
appropriate endorsement for employment in the coastwise trade for the 
vessel EMPRESS, (United States official number 975018).
                                     

                                                        Calendar No. 87

104th CONGRESS

  1st Session

                                 S. 527

                          [Report No. 104-65]

_______________________________________________________________________

                                 A BILL

To authorize the Secretary of Transportation to issue a certificate of 
   documentation with appropriate endorsement for employment in the 
                coastwise trade for the vessel EMPRESS.

_______________________________________________________________________

                             April 18, 1995

                       Reported without amendment
```
#### COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Henry SHEARIN et al., Appellees.

Court of Appeals of Kentucky.

Feb. 25, 1966.

Robert F. Matthews, Atty. Gen., Frankfort, William A. Lamkin, Jr., Asst. Atty. Gen., John E. Smith, Lexington, for appellant.

George R. Silliman, William M. Dish-man, Jr., Danville, for appellees.

MONTGOMERY, Judge.

In this highway right of way condemnation proceeding the jury awarded appellees, Henry Shearin et al., $4,300 as damages. The Department of Highways appeals and urges that the after value of the land as fixed by the jury was not supported by the proof.

In its verdict the jury fixed the before value at $60,000 and the after value at $55,700. The lowest after value testified to by any witness was $57,700, $2,000 more than the jury finding. The judgment based upon such a verdict is erroneous. Commonwealth, Department of Highways v. Priest, Ky., 387 S.W.2d 302; Commonwealth, Department of Highways v. Wynn, Ky., 396 S.W.2d 798; Commonwealth, Department of Highways v. Thompson, Ky., 398 S.W.2d 496 (decided January 21, 1966); Commonwealth, Department of Highways v. Carson, Ky., 398 S.W.2d 706 (decided January 28, 1966).

Judgment reversed.
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-21-00222-CV

Aniol III, Ltd. d/b/a River Gardens, Appellant

v.

D. B. and C. P., Individually and as Next Friends of D. P.,

an Incapacitated Adult, Appellees

FROM THE 433RD DISTRICT COURT OF COMAL COUNTY

NO. C2020-1536D, THE HONORABLE STEPHANIE BASCON, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellant Aniol III, Ltd. d/b/a River Gardens has filed an unopposed motion to 

dismiss this appeal. In its motion, appellant informs the Court that the parties have agreed to 

move that the appeal be dismissed with prejudice, that costs should be paid by the party incurring 

the same, and that mandate be issued early to effectuate the dismissal of the appeal. We grant 

appellant’s motion and dismiss the appeal. See Tex. R. App. P. 42.1(a)(1).

__________________________________________

Chari L. Kelly, Justice

Before Chief Justice Byrne, Justices Kelly and Smith

Dismissed on Appellant’s Motion

Filed: March 23, 2022
### THE THIRTEENTH COURT OF APPEALS

13

- 13

- 00097

- CR

RENE GUTIERREZ v. THE STATE OF TEXAS
On Appeal from the 148th District Court of Nueces County , Texas Trial Cause No. 12

- CR

- 0312

- E(S1)

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered this c ause on appeal, concludes that the judgment of the trial court should be AFFIRMED . The Court orders the judgment of the trial court AFFIRMED

. We further order this decision certified below for observance. August 22, 2019
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 01-4931

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JOHN D. HORTON,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern

District of North Carolina, at Raleigh. Alexander B. Denson,

Magistrate Judge. (CR-01-617-DEN)

Submitted: April 18, 2002 Decided: April 25, 2002

Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

John D. Horton, Appellant Pro Se. Anne Margaret Hayes, Assistant

United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

John D. Horton appeals the magistrate judge’s order denying

his motion to dismiss and for sanctions. We have reviewed the

record and the magistrate judge’s order and find no reversible

error. Accordingly, we affirm on the reasoning of the magistrate

judge. United States v. Horton, No. CR-01-617-DEN (E.D.N.C. filed

Nov. 14, 2001; entered Dec. 14, 2001). We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would not

aid the decisional process.

AFFIRMED
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-7814
THOMAS LATTIE MCLAMB, Petitioner - Appellant, versus PATRICIA R. STANSBERRY, Warden, LSCI Butner, North Carolina, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (CA-04-600-5-FL) Submitted: May 25, 2005 Decided: June 6, 2005 Before WILLIAMS, MOTZ, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Thomas Lattie McLamb, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Thomas Lattie McLamb, a federal prisoner, appeals the district court’s order denying relief on his petition filed under 28 U.S.C. § 2241 (2000). We have reviewed the record and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See McLamb v. Stansberry , No. CA-04-600-5-FL (E.D.N.C. Oct. 19, 2004). We grant McLamb’s motion to file a document styled as a formal brief, and we have considered the arguments therein. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Agriculture

###### Forest Service

# AGENCY:

Forest Service, Agriculture (USDA).

# ACTION:

Notice of meeting; withdrawal.

# SUMMARY:

                        The Forest Service is withdrawing the notice, “Pacific Northwest National Scenic Trail Advisory Council, Notice of Meeting,” published in the                         **Federal Register**                         on January 17, 2024.                    

# FOR FURTHER INFORMATION CONTACT:

                        Jeff Kitchens, Designated Federal Officer (DFO), by email at                         *jeffrey.kitchens@usda.gov,*                         via mail (                        *i.e.,*                         postmarked) to Jeff Kitchens, 63095 Deschutes Market Road, Bend, OR 97701 or by phone at (458) 899-6185.                    

# SUPPLEMENTARY INFORMATION:

                    The Forest Service is withdrawing the notice published in the                     **Federal Register**                     on January 17, 2024, at 89 FR 2918 (FR Doc. 2024-00785).                

Dated: January 31, 2024.

Cikena Reid,

USDA Committee Management Officer.

[FR Doc. 2024-02333 Filed 2-5-24; 8:45 am]

BILLING CODE 3411-15-P
**EXHIBIT32.2**

 

*CHIEFFINANCIAL OFFICER CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350*

 

Inconnection with the Quarterly Report of MedicalCV, Inc. (the “Company”) on Form10-QSB/A for the quarter ended October 31, 2003, as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), I, John H.Jungbauer, Vice President Finance and Chief Financial Officer of the Company,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that:

 

1.             the Report fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934; and

 

2.             the information contained in the Report fairlypresents, in all material respects, the financial condition and results of operationsof the Company.

 

Asigned original of this written statement required by Section 906 has beenprovided to the Company and will be retained by the Company and furnished tothe Securities and Exchange Commission or its staff upon request.

 

 
| Dated: March 22,  2004 | By:    | /s/ John H.  Jungbauer      |   |
|------------------------|--------|-----------------------------|--------|
|                   |   | John H.  Jungbauer          |
|                   |   | Vice President  Finance and |
|                   |   | Chief Financial  Officer    |

 

1

----
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS OF SBI COMMUNICATIONS, INC. FOR THE YEAR ENDED
DECEMBER 31, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                             485
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                     79,444
<CURRENT-ASSETS>                                83,529
<PP&E>                                       7,458,345
<DEPRECIATION>                                  88,538
<TOTAL-ASSETS>                               7,610,010
<CURRENT-LIABILITIES>                          817,950
<BONDS>                                      1,050,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  8,265,000
<COMMON>                                         5,570
<OTHER-SE>                                   5,742,060
<TOTAL-LIABILITY-AND-EQUITY>                 7,610,010
<SALES>                                              0
<TOTAL-REVENUES>                                   593
<CGS>                                                0
<TOTAL-COSTS>                                  182,168
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              31,061
<INCOME-PRETAX>                              (280,209)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (280,209)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (280,209)
<EPS-BASIC>                                     (0.05)
<EPS-DILUTED>                                      (0)


</TABLE>
<PAGE>


                                                                EXHIBIT 21

                            WELLPOINT HEALTH NETWORKS INC.
                                LIST OF SUBSIDIARIES

                                                         STATE OF
    CORPORATION                                        INCORPORATION


AHI Healthcare Corporation                            Texas
BCC Holdings Corporation, Inc.                        California
BC Life & Health Insurance Company                    California
Blue Cross of California                              California
Check Up Centers of America, Inc.                     California
Comprehensive Integrated Marketing Services           California
Foxfield Ventures, Inc.                               Delaware
Health Management Associates of San Luis Obispo       California
Health Management Associates of Santa Barbara         California
MassMutual Holding Company Two, Inc.                  Massachusetts
MassMutual Holding Company Two MSC, Inc.              Massachusetts
Professional Claim Services, Inc.                     New York
UNICARE Financial Corp.                               California
UNICARE Insurance Company                             California
UNICARE Life & Health Insurance Company               Delaware
WellPoint Behavioral Health, Inc.                     Delaware
WellPoint Dental Plan                                 California
WellPoint Dental Services, Inc.                       Delaware
WellPoint Pharmacy Plan                               California
WellPoint Pharmacy Management, Inc.                   California
<partyblock><br><br><div align="center"><b><font size="+1">Adelaida M. Laga, PT, as Assignee of Noel, Jocelyn, Appellant, <br><br>against<br><br>American Commerce Insurance Company, Respondent.</font></b></div><br><br><p>The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant.Bruno, Gerbino &amp; Soriano, LLP (Mitchell L. Kaufman, Esq.), for respondent.</p><p>Appeal from an order of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered July 30, 2014. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.</p><p>ORDERED that the order is modified by providing that the branch of defendant's cross motion seeking summary judgment dismissing the sixth cause of action is denied; as so modified, the order is affirmed, without costs.</p><p>In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which denied plaintiff's motion for summary judgment, and granted defendant's cross motion for summary judgment dismissing the complaint on the ground that plaintiff had failed to appear for duly scheduled examinations under oath.</p><p>Plaintiff correctly argues that defendant failed to establish that it had timely denied the claim underlying the sixth cause of action. Thus, the branch of defendant's cross motion seeking summary judgment dismissing that cause of action should have been denied. However, plaintiff is not entitled to summary judgment on this cause of action, as plaintiff failed to establish that the claim at issue had not been timely denied (<a href="../2015/2015_04787.htm" target="_blank"><i>see Viviane Etienne Med. Care, P.C. v Country-Wide Ins. Co.</i>, 25 NY3d 498</a> [2015]) or that defendant had issued a timely denial of this claim that was conclusory, vague or without merit as a matter of law (<a href="../2010/2010_08933.htm" target="_blank"><i>see Westchester Med. Ctr. v Nationwide Mut. Ins. Co.</i>, 78 AD3d 1168</a> [2010]; <a href="../2011/2011_51292.htm" target="_blank"><i>Ave T MPC Corp. v Auto One Ins. Co.</i>, 32 Misc 3d 128</a>[A], <font color="FF0000">[*2]</font>2011 NY Slip Op 51292[U] [App Term, 2d Dept, 2d, 11th &amp; 13th Jud Dists 2011]).</p><p>The order is affirmed as to the remaining causes of action for the reason stated in <i>Laga, as Assignee of Noel, Jocelyn v American Commerce Ins. Co.</i> (— Misc 3d &amp;mdash, 2017 NY Slip Op — [appeal No. 2014-2015 Q C], decided herewith).</p><p>Accordingly, the order is modified by providing that the branch of defendant's cross motion seeking summary judgment dismissing the sixth cause of action is denied.</p><p>PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.</p><br>ENTER:<br>Paul Kenny<br>Chief Clerk<br>Decision Date: September 22, 2017<br><br><div align="center"><form method="LINK" action="../../slipidx/at_2_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>