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NOT FOR PUBLICATION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. 

KENDALL THRIFT, 

Defendant-Appellant.

No. 20-10246 

D.C. No. 2:14-cr-00308-JAM-DB-1 

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

John A. Mendez, District Judge, Presiding

Submitted January 20, 2021**

Before: McKEOWN, CALLAHAN, and BRESS, Circuit Judges.

Kendall Thrift appeals from the district court’s order denying his motion for 

compassionate release under 18 U.S.C. § 3582(c)(1)(A). We have jurisdiction 

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

Contrary to Thrift’s argument, the district court did not abuse its discretion 

* 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

JAN 27 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 20-10246 

by denying his motion.1 The district court considered Thrift’s offense conduct, 

which involved a large amount of marijuana and a number of firearms, including 

several stolen weapons. It reasonably concluded that, even if Thrift had 

demonstrated “extraordinary and compelling reasons,” a reduced sentence was not 

appropriate in light of the nature and circumstances of the offense, the need to 

protect the public, and the need for the sentence to reflect the seriousness of the 

offense. See 18 U.S.C. § 3582(c)(1)(A) (district court must consider the applicable 

18 U.S.C. § 3553(a) sentencing factors when reviewing a motion for 

compassionate release); see also 18 U.S.C. § 3553(a)(1), (a)(2)(A), (C) (setting 

forth sentencing factors); United States v. Robertson, 895 F.3d 1206, 1213 (9th Cir. 

2018) (a district court abuses its discretion only if its decision is illogical, 

implausible, or without support in the record).

AFFIRMED.

1 The denial of a motion for a sentence reduction under 18 U.S.C. § 3582(c)(2) is 

reviewed for abuse of discretion. See United States v. Dunn, 728 F.3d 1151, 1155 

(9th Cir. 2013). We accept, for purposes of this appeal, the parties’ assertion that 

the abuse of discretion standard also applies to denials under 18 U.S.C. 

§ 3582(c)(1)(A).
Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the pubic in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         Center for Scientific Review Special Emphasis Panel.                    

*Date:*                         February 1, 2000.                    

*Time:*                         9 AM to 3 PM.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         Hyatt Regency Hotel, One Bethesda Metro Center, Bethesda, MD 20814.                    

*Contact Person:*                         Carole L. Jelsema, PHD, Scientific Review Administrator, Center for Scientific Review, National Institute of Health, 6701 Rockledge Drive, Room 5222, MSC 7850, Bethesda, MD 20892, (301) 435-1249, jelsemac@drg.nih.gov.                     

This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine, 93.306; 93.333, Clinical Research, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)

Dated: January 28, 2000.

LaVerne Y. Stringfield,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 00-2624 Filed 2-4-00; 8:45 am]

BILLING CODE 4140-01-M
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 Sequa Corporation (the "Company") on Form 10-Q for the period ending March 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Howard M. Leitner, 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 result of operations of the Company.     
/s/ Howard M. Leitner  
Howard M. Leitner  
Chief Financial Officer     
May 9, 2005
EXHIBIT 11

                      STONE CONTAINER CORPORATION
            COMPUTATION OF BASIC AND DILUTED LOSS PER SHARE
                      (in millions, except per share)

                                                         Three Months Ended
                                                               March 31,
                                                            1998       1997
Primary Earnings Per Share
  Shares of Common Stock:
    Weighted average number of common shares
     Outstanding. . . . . . . . . . . . . . . . . . . .      99.6       99.3
  Basic Weighted Average Shares Outstanding . . . . . .      99.6       99.3

  Net loss. . . . . . . . . . . . . . . . . . . . . . .    $(69.1)  $ (96.7)
  Less:
    Series E Cumulative Convertible Exchangeable
      Preferred Stock dividend. . . . . . . . . . . . .      (2.0)     (2.0)
  Net loss used in computing basic net loss per common
    Share . . . . . . . . . . . . . . . . . . . . . . .    $(71.1)  $ (98.7)

  Basic Earnings Per Share. . . . . . . . . . . . . . .    $ (.71)  $  (.99)

Diluted Earnings Per Share
  Shares of Common Stock:
    Weighted average number of common shares outstanding     99.6      99.3
    Addition from assumed conversion of 8.875%
     convertible senior subordinated notes. . . . . . .       5.1       5.1
    Addition from assumed conversion of 6.75%
      convertible subordinated debentures . . . . . . .       1.3       1.3
    Addition from assumed conversion of Series E
      Cumulative Convertible Exchangeable Preferred
      Stock . . . . . . . . . . . . . . . . . . . . . .       3.4       3.4
  Diluted Weighted Average Shares Outstanding . . . . .     109.4     109.1
  Net loss. . . . . . . . . . . . . . . . . . . . . . .    $(69.1)  $ (96.7)
  Less:
    Series E Cumulative Convertible Exchangeable
      Preferred Stock dividend. . . . . . . . . . . . .      (2.0)     (2.0)
Add back:
    Interest on 8.875% convertible senior subordinated
      Notes . . . . . . . . . . . . . . . . . . . . . .        .8        .8
    Interest on 6.75% convertible subordinated
      Debentures. . . . . . . . . . . . . . . . . . . .        .5        .5
    Series E Cumulative Convertible Exchangeable
      Preferred Stock dividend. . . . . . . . . . . . .       2.0       2.0
  Net loss used in computing diluted net loss per
    common share. . . . . . . . . . . . . . . . . . . .    $(67.8)  $ (95.4)



  Diluted Earnings Per Share (A). . . . . . . . . . . .    $ (.62)  $  (.87)



(A)  Diluted earnings per share for the three months ended March 31, 1998 and
  1997 are different from the consolidated financial statements because amounts
  are anti-dilutive.
**Final Listing of Questionnaire Files for Steam Electric Rulemaking Record**

**Plant ID** 00001 **Removed from Public**  **(Non-CBI) Docket** **1 File Name**  **Description**

00001\00001_HardcopyLog.doc EPA log of hardcopy documents submitted x 00001\00001_Part A.xls Plant submitted survey file x 00001\00001_Part B.xls Plant submitted survey file x 00001\00001_Part C.xls Plant submitted survey file x 00001\00001_Part D.xls Plant submitted survey file x 00001\00001_Part E.xls Plant submitted survey file x 00001\00001_Part F.xls Plant submitted survey file x 00001\00001_Part G.xls Plant submitted survey file x 00001\00001_Part H.xls Plant submitted survey file 00001\Certification Statement Plant ID_00001.pdf Plant certification statement 00001\Supporting Documentation\00001_MAP_WB.xls Plant submitted supplemental files to the survey 00001\Supporting Documentation\00001_POND-1.xls Plant submitted supplemental files to the survey 00001\Supporting Documentation\00001_Study Ash Pond Berm Stability.pdf Plant submitted supplemental files to the survey 00001\Supporting Documentation\00001_Study Ash Pond Berm Stability.zip Plant submitted supplemental files to the survey 00001\Supporting Documentation\00001_Table C-6 revision _1.pdf Plant submitted supplemental files to the survey 00001\Supporting Documentation\00001_TEC Cinder Pit Overflow Drain Evaluation.pdf Plant submitted supplemental files to the survey 00001\Supporting Documentation\00001_Well_diagram.xls Plant submitted supplemental files to the survey x 00001\00001_Checklist.xls EPA Technical Review Checklist Workbook 00001\00001_Completeness_Checklist.xls EPA Completeness Review Checklist x 00001\00001_questions.xls Draft Questions for Follow Up

1Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database

.**Final Listing of Questionnaire Files for Steam Electric Rulemaking Record**

**Plant ID 03187**  **Removed from Public**  **(Non-CBI) Docket** **1 Copyright** 

**Flag 2**  **File Name Description**  x 03187\03187_Checklist_102810_version34.xls EPA Technical Review Checklist Workbook

03187\03187_Completeness_Checklist.xls EPA Completeness Review Checklist 03187\03187_HardcopyLog.doc EPA log of hardcopy documents submitted x 03187\03187_Part A.xls Plant submitted survey file x 03187\03187_Part E.xls Plant submitted survey file x 03187\03187_Part H.xls Plant submitted survey file

03187\Certification Statement Plant ID 03187.pdf Plant certification statement x 03187\Supplemental Documents\SRB Aerial Maps.pdf Plant submitted supplemental files to the survey x 03187\Supplemental Documents\SRB Water Balance Diagrams.pdf Plant submitted supplemental files to the survey

1Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database

. 2Copyright documents are available from the docket.
**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**

| Dated:                April 15, 2008 |   |         /s/                J. Holt Smith                                           |
|--------------------------------------|--------|----------------------------------------------------------------------------------------------------------------------------|
|                                 |   |         J.                Holt Smith                                               |
|                                 |   |         President                and Director                                      |
|                                 |   |         (Principal                Executive Officer)                               |
|                                 |   |                                                                                                                       |
| Dated:                April 15, 2008 |   |         /s/                J.P. Todd Sinclair                                      |
|                                 |   |         J.                P. Todd Sinclair                                         |
|                                 |   |         Chief                Financial Officer                                     |
|                                 |   |         (Principal                Financial and Accounting                Officer) |

----
**Exhibit 31.2****CERTIFICATIONS**I, Kenneth L. Rice, Jr., certify that:1. I have reviewed this quarterly report on Form 10-Q of Boston Life Sciences, Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have: (a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared;  (b) [Not Applicable];  (c) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by this report based on such evaluation;and  (d) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control over financialreporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions): (a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe registrant’s ability to record, process, summarize and report financial information; and  (b) Any fraud, whether or not material, that involves management or other employees who havea significant role in the registrant’s internal control over financial reporting.   DATE: August 14, 2006 /s/ Kenneth L. Rice, Jr.     **Kenneth L. Rice, Jr.**  **Executive Vice President Finance and Administration and**
Exhibit 99.1
                                 ------------


                                      13

<PAGE>


COUNTRYWIDE HOME LOANS SERVICING LP


                              OFFICERS' CERTIFICATE
                     ANNUAL STATEMENT OF THE MASTER SERVICER


                                   CWMBS, INC.
                          ALTERNATIVE LOAN TRUST 2002-8
               MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2002-13


      The undersigned do hereby certify that they are each an officer of
Countrywide GP, Inc., general partner of Countrywide Home Loans Servicing LP (a
"Master Servicer"), and do hereby further certify pursuant to Section 3.16 of
the Pooling and Servicing Agreement for the above-captioned Series (the
"Agreement") that:

      (i) A review of the activities of the Master Servicer during the preceding
      calendar year and of the performance of the Master Servicer under the
      Agreement has been made under our supervision; and

      (ii) To the best of our knowledge, based on such review, the Master
      Servicer has fulfilled all its obligations under the Agreement throughout
      such year.



/s/ Joseph M. Candelario                               Dated: March 27, 2003

JOSEPH M. CANDELARIO
FIRST VICE PRESIDENT
AND COMPLIANCE OFFICER


/s/ Mark Wong                                          Dated: March 27,  2003

MARK WONG
SENIOR VICE PRESIDENT


                                      14
UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF TEXAS 

WACO DIVISION 

WSOU INVESTMENTS LLC 

 

v. Case No.: 6:20-cv-00477-ADA 

 

DELL TECHNOLOGIES INC. ET AL 

ORDER 

BE IT REMEMBERED on this day, there was presented to the Court the Motion for Admission 

Pro Hac Vice filed by Emily M. Whitcher (“Applicant”), counsel for Dell Inc., Dell Technologies 

Inc., EMC Corporation, and the Court, having reviewed the motion, enters the following order: 

IT IS ORDERED that the Motion for Admission Pro Hac Vice is GRANTED, and Applicant 

may appear on behalf of Dell Inc., Dell Technologies Inc., EMC Corporation in the above case. 

IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately 

tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local 

Court Rule AT-1(f)(2). 

IT IS FURTHER ORDERED that if the corresponding Motion for Admission Pro Hac Vice was 

e-filed, the attorney who filed the Motion on behalf of the Applicant is directed to notify the Applicant 

of this order. 

IT IS FINALLY ORDERED that Applicant, pursuant to the Administrative Policies and 

Procedures for Electronic Filing in Civil and Criminal cases in the Western District of Texas, shall 

register as a filing user within 10 days of the date of this Order, if he/she has not previously done so on 

a prior case in this District. 

SIGNED this the 17th day of September, 2021. 

ALAN D ALBRIGHT 

UNITED STATES DISTRICT JUDGE 

Case 6:20-cv-00477-ADA Document 116 Filed 09/17/21 Page 1 of 1
* Local Rule 47.5 provides: "The publication of opinions

that have no precedential value and merely decide particular

cases on the basis of well-settled principles of law imposes

needless expense on the public and burdens on the legal

profession." Pursuant to that Rule, the court has determined

that this opinion should not be published.

 

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-30100

Summary Calendar

__________________

UNITED STATES OF AMERICA,

 Plaintiff-Appellee,

versus

MICHAEL NELSON,

 Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. CR-93-55-A

- - - - - - - - - -

November 9, 1995

Before WIENER, PARKER and DENNIS, Circuit Judges.

PER CURIAM:*

Appellant appeals from his jury convictions for conspiracy to

possess with the intent to distribute cocaine base and two counts

of distribution of cocaine base in violation of 21 U.S.C. §§

841(a)(1) and 846. He argues that the district court erred by

sentencing him to 235 months' imprisonment, that the court abused

its discretion by denying his motions for a new trial, and that his

case should be remanded for resentencing in light of a proposed
No. 95-30100

-2-

amendment to the sentencing guidelines. We have reviewed the

record and the district court's opinion and find no reversible

error. Accordingly, we affirm for essentially the reasons given by

the district court. United States v. Nelson, No. CR-93-55-A (E.D.

La. Dec. 16, 1994); United States v. Nelson, No. CR-93-55-A (E.D.

La. Jan. 25, 1995). Appellant's pro se motions to strike his

appellate brief and to proceed pro se on appeal are DENIED as

untimely.

AFFIRMED; MOTIONS DENIED.
CERTIFICATION OF CHIEF EXECUTIVE OFFICER



                                               Exhibit 99.1

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 The Stephan Co. (the
"Company)
on Form 10-Q for the period ended June 30, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
Frank F. Ferola, 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, to my knowledge:

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

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

/s/ Frank F. Ferola
__________________________________
Frank F. Ferola
Chief Executive Officer
August 14, 2002
#### GRIMES v. STATE.

No. 24905.

Court of Criminal Appeals of Texas.

May 31, 1950.

None on appeal.

A. C. Winborn, Criminal Dist. Atty., Houston, E. T. Branch, Asst. Criminal Dist. Atty., Houston, George P. Blackburn, State’s Atty., of Austin, for the State.

BEAUCHAMP, Judge.

Appellant was charged with the offense of theft. He waived a jury and pleaded “guilty” before the court, who found him guilty and assessed his penalty at confinement in the penitentiary for two years.

There is neither a statement of facts nor bill of exception in the record. All the proceedings appear regular. Nothing is presented for review.

The judgment of the trial court is affirmed.
* 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

June 22, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-40455

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

GABRIEL CONRADINO-NAVARRETE,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:03-CR-1348-1

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

Before WIENER, BENAVIDES, and DENNIS, Circuit Judges. 

PER CURIAM:*

Gabriel Conradino-Navarrete (Conradino) appeals the sentence

following his conviction by a jury for making false

representations of his citizenship, in violation of 18 U.S.C.

§ 911. For the first time on appeal, he argues that the district

court erred in imposing a sentence under a mandatory guideline

scheme, in violation of United States v. Booker, 125 S. Ct. 738,

756-57 (2005). Because Conradino did not raise this issue in the

district court, this court reviews the argument for plain error. 
No. 04-40455

-2-

See United States v. Valenzuela-Quevedo, 407 F.3d 728, 732-33

(5th Cir. 2005); see also United States v. Malveaux, __F.3d__,

No. 03-41618, 2005 WL 1320362 at *1 n.9 (5th Cir. Apr. 11, 2005). 

Thus, Conradino must show: (1) an error; (2) that is clear or

plain; (3) that affected his substantial rights; and (4) that

seriously affected the fairness, integrity, or public reputation

of his judicial proceedings. United States v. Olano, 507 U.S.

725, 732-35 (1993).

Conradino argues that the sentencing error was structural

and that he thus need not show prejudice. He alternatively

maintains that prejudice should be presumed because the violation

of his rights may have played a role in the district court’s

sentencing decision. Conradino makes no showing, as required by

Valenzuela-Quevedo, that the district court would likely have

sentenced him differently under an advisory sentencing scheme. 

See Valenzuela-Quevedo, 407 F.3d at 733-34. Similarly, there is

no indication from the court’s remarks at sentencing that the

court would have reached a different conclusion. Thus, Conradino

has not met his burden to show that the district court’s

imposition of a sentence under a mandatory guideline scheme was

plain error. See id. Accordingly, Conradino’s sentence is

AFFIRMED.