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NOT FOR PUBLICATION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 Judg es

.

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, CLE RK

U.S. COURT OF APPEALS2 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 reasonab ly concluded that

, even if Thrift had

demonstrated “extraordinary and compelling reason s
, ” 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 fac tors 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 Sta tes 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)

.
EXHIBIT 3

Case 6:20-cv-00537-ADA Document 45-3 Filed 03/05/21 Page 1 of 2
Case 6:20-cv-00537-ADA Document 45-3 Filed 03/05/21 Page 2 of 2
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 Defense

###### Office of the Secretary

# AGENCY:

Department of Defense, USSTRATCOM.

# ACTION:

Notice. 

# SUMMARY:

The Strategic Advisory Group (SAG) will meet in closed session on November 2 and 3, 2000. The mission of the SAG is to provide timely advice on scientific, and policy-related issues to the Commander in Chief, U.S. Strategic Command, during the development of the nation's strategic war plans. 

                        At this meeting, the SAG will discuss strategic issues that relate to the development of the Single Integrated Operational Plan (SIOP). Full development of the topics will require discussion of information classified TOP SECRET in accordance with Executive Order 12958, April 17, 1995. Access to this information must be strictly limited to personnel having requisite security clearances and specific need-to-know. Unauthorized disclosure of the information to be discussed at the SAG meeting could                               ( print page 59403)                            have exceptionally grave impact upon national defense.                    

In accordance with section 10(d) of the Federal Advisory Committee Act, (5 U.S.C. App 2), it has been determined that this SAG meeting concerns matters listed in 5 USC 552b(c) and that, accordingly, this meeting will be closed to the public.

Dated: September 29, 2000.

Patricia L. Toppings,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 00-25503 Filed 10-4-00; 8:45 am]

BILLING CODE 5001-10-M
AO 458 (Rev. 06/09) Appearance of Counsel

UNITED STATES DISTRICT COURT

for the

__________ District of __________

)

)

)

)

)

Plaintiff

v. Case No.

Defendant

APPEARANCE OF COUNSEL

To: The clerk of court and all parties of record

I am admitted or otherwise authorized to practice in this court, and I appear in this case as counsel for:

.

Date:

Attorney’s signature

Printed name and bar number

Address

E-mail address

Telephone number

FAX number

Case 6:20-cv-00567 Document 4 Filed 06/26/20 Page 1 of 1
WACO

WSOU INVESTMENTS LLC

CIVIL NO:

vs. WA:20-CV-00571-ADA

ORDER SETTINGMARKMAN MARKMANHEARING HEARING

Waco 03/25/2021 09:00 AM

GOOGLE LLC

10/26/2020

Alan D Albright

IT IS SO ORDERED this

UNITED STATES DISTRICT JUDGE

§

§

§

§

§

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

WACO DIVISION

IT IS HEREBY ORDERED that the above entitled and numbered case is set for

MARKMAN HEARING in District Courtroom #1, on the Third Floor ofthe United States

Courthouse, 800 Franklin Ave, Waco, TX, on Thursday, March 25, 2021 at 09:00 AM. All

parties and counsel must appear at this hearing.

Case 6:20-cv-00571-ADA Document 26 Filed 10/26/20 Page 1 of 1
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 11**  **- 4520** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v.

TRAVIS KNOX , Defendant

- Appellant

.

Appeal from the United States District Court for the Western Distric t of North Carolina , at Statesville

. Richard L. Voorhees , District Judge. ( 5:10

- cr
- 00019

- RLV

- DCK

- 1 )

Submitted : September 29, 2011 Decided: October 4, 2011

Before KING, GREGORY, and DUNCAN , Circuit Judges.

Affirmed in part, vacated in part, and remanded by un published per curiam opinion

.

Angela G. Parrott, Acting Executive Director, Matthew R. Segal, Allison Wexler, Assistant Federal Defenders, Asheville, North Carolina; Emily Marroquin, Assistant Federal Defender, Charlotte, North Carolina, f or Appellant. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Travis Knox pled guilty to seven counts of possession

with intent to distribute cocaine base (“crack”) . Counts 1

- 6
had no drug amounts , but Count 7 listed five grams or more of

crack . Knox was sentenced to 188 months of imprisonment. On
appeal, Knox’s sole issue is that he should have been sentenced
under the Fair Sen tencing Act of 2010 (“FSA”) , Pub. L. No. 111

– 220. Currently pending before this court is the Government’s
unopposed motion to remand this case to the district court to
allow Knox to be resentenced in accordance with the FSA.

Based on our consideration o f the materials submitted
with this motion, we grant the motion to remand, vacate the
sentence, and remand this case to the district court to permit
resentencing. By this disposition, however, we indicate no view
as to whether the FSA is retroactively app licable to a defendant

like Knox whose offenses were committed prior to August 3, 2010,

the effective date of the FSA , but who was sentenced after that
date, leaving that determination in the first instance to the

district court. **∗**

**∗** See United States v. Bullard , 645 F.3d 237, 248 n.5 (4th Cir. 2011) (reserving judgment on the question “whether the FSA could be found to apply to defendants whose offenses were committed before August 3, 2010, but who have not yet been sentenced”). Because Knox does not co ntest his conviction s on appeal, we affirm his conviction s .3 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 I N PART , VACATED IN PART, AND REMANDED
EXHIBIT 15 

 

July 28, 2003 

 

Board of Directors 

Superior Uniform Group, Inc. 

Seminole, Florida 

 

We have made a review, in accordance with standards established by the American Institute of Certified Public Accountants, of the unauditedinterim financial information of Superior Uniform Group, Inc. and subsidiary for the periods ended June 30, 2003 and 2002, as indicated in our report dated July 23, 2003; because we did not perform an audit, we expressed no opinion on thatinformation. 

 

We are aware that our report referred to above, which is includedin your Quarterly Report on Form 10-Q for the quarter ended June 30, 2003, is incorporated by reference in Registration Statement Nos. 2-85796 and 333-105906 on Form S-8. 

 

We also are aware that the aforementioned report, pursuant to Rule 436(c) under the Securities Act of 1933, is not considered a part of theRegistration Statement prepared or certified by an accountant or a report prepared or certified by an accountant within the meaning of Sections 7 and 11 of that Act. 

 

/s/    Deloitte & Touche, LLP 

 

Certified Public Accountants 

Tampa, Florida
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 Annual Report of Oragenics, Inc. (the "Company") on Form
10-K for the period ended December 31, 2008 as filed with the Securities and
Exchange Commission on the date here of (the "Report"), I, David B. Hirsch,
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 this Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.




A signed
original of this written certification 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.




Dated
this March 30, 2009




/s/ David B. HirschDavid
      B. HirschChief
      Financial Officer
Exhibit 32.1

Certification

of

Periodic Financial Report

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

I, Lynn L.
Elsenhans, Chairman, Chief Executive Officer and President of Sunoco, Inc., certify that the Quarterly Report on Form 10-Q for the quarter ended September 30, 2009 fully complies with the requirements of section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that the information contained in the periodic report fairly presents, in all material respects, the financial condition and results of operations of Sunoco, Inc.



|                       |  |  |  |  |  |                                                
|---------------------- |  |  |  |  |  | -----------------------------------------------
|Date: November 5, 2009 |  |  |  |  |  | /s/ Lynn L. Elsenhans                          
|                       |  |  |  |  |  | Lynn L. Elsenhans                              
|                       |  |  |  |  |  | Chairman, Chief Executive Officer and President
[Federal Register Volume 65, Number 202 (Wednesday, October 18, 2000)]
[Notices]
[Page 62380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26759]


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

NUCLEAR REGULATORY COMMISSION


Advisory Committee on Reactor Safeguards Meeting of the 
Subcommittee on Plant Systems; Notice of Meeting

    The ACRS Subcommittee on Plant Systems will hold a meeting on 
October 31, 2000, 11545 Rockville Pike, Rockville, Maryland.
    The entire meeting will be open to public attendance.
    The agenda for the subject meeting shall be as follows: Tuesday, 
October 31, 2000--8:30 a.m. until 12:00 noon.
    The Subcommittee will discuss the safety evaluation reports on the 
topical reports for ABB/CE and Siemens Digital I&C Applications. The 
purpose of this meeting is to gather information, analyze relevant 
issues and facts, and to formulate proposed positions and actions, as 
appropriate, for deliberation by the full Committee.
    Oral statements may be presented by members of the public with the 
concurrence of the Subcommittee Chairman and written statements will be 
accepted and made available to the Committee. Electronic recordings 
will be permitted only during those portions of the meeting that are 
open to the public, and questions may be asked only by members of the 
Subcommittee, its consultants, and staff. Persons desiring to make oral 
statements should notify the cognizant ACRS staff engineer named below 
five days prior to the meeting, if possible, so that appropriate 
arrangements can be made.
    During the initial portion of the meeting, the Subcommittee, along 
with any of its consultants who may be present, may exchange 
preliminary views regarding matters to be considered during the balance 
of the meeting.
    The Subcommittee will then hear presentations by and hold 
discussions with representatives of the NRC staff, and other interested 
persons regarding this review.
    Further information regarding topics to be discussed, whether the 
meeting has been canceled or rescheduled, and the Chairman's ruling on 
requests for the opportunity to present oral statements and the time 
allotted therefor, can be obtained by contacting the cognizant ACRS 
staff engineer, Mr. Amarjit Singh (telephone 301/415-6899) between 7:30 
a.m. and 4:15 p.m. (EDT). Persons planning to attend this meeting are 
urged to contact the above named individual one or two working days 
prior to the meeting to be advised of any potential changes to the 
agenda, etc., that may have occurred.

    Dated: October 6, 2000.
James E. Lyons,
Associate Director for Technical Support.
[FR Doc. 00-26759 Filed 10-17-00; 8:45 am]
BILLING CODE 7590-01-P
AAM

- 13

- 356

- E May 22, 2013

Exemption No. 10263 A

Reg ulatory Docket No. FAA

- 2011

- 0 459

Mr . Stephen Richards

Ridgeline Aviation, Inc.

637 South Broadway, B126

Boulder, CO 80305

Dear Mr

. Ri chards :

This letter is to inform you that we have granted your petition to extend Exemption

No. 10263 . It explains the basis for our decision, describes its effect, and lists the conditions

and limitations.

The Basis for Our Decision

By letter dated May 1, 2013 , you petitioned the Federal Aviation Administration (FAA) on

behalf of Ridgeline Aviation, Inc. (Ridgeline Aviation) for an extension of Exemption

No. 10263. That exemption from part 120 of Title 14, Code of Federal Regulations (14 CFR)

allows Ri dgeline Aviation to cover its safety

- sensitive employees under one testing program

while operating under separate parts of the regulation.

In your petition, you indicate that there has been no change in the conditions and reasons

relative to public intere st and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested exemption would not set a precedent, and any

de lay in acting on this pe tit ion would be detrimental to Ridgeline Aviation

.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 10263

remains valid with respect to this exemption and is in the public interest. Ther efore, under the2

authority provided by 49 U.S.C. 40113 and 44701, which the FAA Administrator has

delegated to me, I grant your petition, subject to the following conditions and limitations.

Conditions and Limitations

1. Employees of Ridgeline Aviation are subject to the drug and alcohol regulations at

all times while conducting operations under part 135 or part 91.

2. The drug and alcohol testing program must be implement ed under the auspices of

the Ridgeline Aviation part 135 operation, not under part 91.

T hi s exemption terminates on May 31, 201 5 unless sooner superseded or rescinded.

Sincerely,

/s/

James R. Fraser , M.D.

Deputy Federal Air Surgeon
<PAGE>
                                                                    EXHIBIT 99.1


Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States
Code)

         Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Subsections
(a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code), each
of the undersigned officers of DaimlerChrysler Services North America LLC, as
Servicer of DaimlerChrysler Master Owner Trust (the "Trust"), does hereby
certify, to such officer's knowledge, that:

         The Trust's Annual Report on Form 10-K for the year ended December 31,
2002 (the "Form 10-K") fully complies with the requirements of Section 13(a) or
Section 15(d) of the Securities Exchange Act of 1934 and information contained
in the Form 10-K fairly presents, in all material aspects, the financial
condition and results of operations of the Trust.

Dated: March 26, 2003
                                    /s/ Juergen H. Walker
                                    ---------------------
                                    Juergen H. Walker
                                    President and Chief Executive
                                    Officer, DaimlerChrysler
                                    Services North America LLC,
                                    as Servicer of DaimlerChrysler
                                    Master Owner Trust


Dated: March 26, 2003               /s/ D. H. Olsen
                                    ---------------
                                    D. H. Olsen
                                    Vice President and
                                    Chief Financial Officer
                                    DaimlerChrysler Services,
                                    North America LLC, as
                                    Servicer of DaimlerChrysler
                                    Master Owner Trust


A signed original of the this written statement required by Section 906 of the
Sarbanes-Oxley Act of 2002 (Subsections (a) and (b) Section 1350, Chapter 63 of
Title 18, United States Code) has been provided to DaimlerChrysler Master Owner
Trust and will be retained by DaimlerChrysler Master Owner Trust and furnished
to the Securities and Exchange Commission or its staff upon request.
I 

113TH CONGRESS 

1ST SESSION H. R. 2894 

To discontinue eligibility of former Members of Congress and their dependents 

for coverage under the Federal Employees Health Benefit Program 

(FEHBP) if the Patient Protection and Affordable Care Act is repealed. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 31, 2013 

Mr. RIBBLE introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on 

Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To discontinue eligibility of former Members of Congress 

and their dependents for coverage under the Federal 

Employees Health Benefit Program (FEHBP) if the Patient Protection and Affordable Care Act is repealed. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No Health Care for 

5 Life for Congress Act of 2013’’. 


tkelley on DSK3SPTVN1PROD with BILLS
2 

•HR 2894 IH

1 SEC. 2. DISCONTINUING ELIGIBILITY OF FORMER MEM2 BERS OF CONGRESS AND THEIR DEPEND3 ENTS FOR COVERAGE UNDER FEHBP IF 

4 PPACA IS REPEALED. 

5 (a) IN GENERAL.—Notwithstanding any other provi6 sion of law, if the Patient Protection and Affordable Care 

7 Act (Public Law 111–148) is repealed, as of the first day 

8 of the first month beginning 30 days after the date of en9 actment of such repeal, any individual who is a former 

10 Member of Congress shall not be eligible to enroll or con11 tinue coverage for the former Member or the former Mem12 ber’s dependents in a health benefits plan under the Fed13 eral Employees Health Benefits Program under chapter 

14 89 of title 5, United States Code. 

15 (b) LIMITATION.—Subsection (a) only applies to cov16 erage derived by virtue of service as a former Member of 

17 Congress and does not apply to coverage under section 

18 8905a of title 5, United States Code. 

19 (c) FORMER MEMBER DEFINED.—In this section, 

20 the term ‘‘former Member of Congress’’ means an indi21 vidual who— 

22 (1) who was a member of the Senate or House 

23 of Representatives, a Delegate to the House of Rep24 resentatives, or the Resident Commissioner from 

25 Puerto Rico; and 


tkelley on DSK3SPTVN1PROD with BILLS
3 

•HR 2894 IH

1 (2) who qualifies for coverage under chapter 89 

2 of title 5, United States Code, as an annuitant 

3 under section 8901(3)(A) of such title immediately 

4 after retirement as such a member, Delegate, or 

5 Resident Commissioner. 

Æ 


tkelley on DSK3SPTVN1PROD with BILLS