alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES OF' AMERICA

VS'

SHAWI\ DIXON

IN THE TJNITED STATES DISTRICT COURT

FOR TIIE NORTHERN DISTRICT OF - _TEXAS--*--:-- ---_:- ,. .S I)ISTF.ICT COLRT

DALLAS DIVISION :it\ Dfs't !{ic'f OF-IL}L\S

' FILED --------l

rrrh. I ann4 ,

ttl,,1,l j

CASE NO.: 3

REPORT AI\D RECOMMENDATION

CONCERI\ING PLEA OF GUILTY

SHAWI\I DIXON, by consent, under authority of United States v. Dees, 125 F.3d 261 (5th Cir.

1997),has appeared before me pursuant to Fed. R. Crim.P. I l, and has entered a plea of guilty to Count 2

of the 3-Count Indictment, Iiled on October 18,2022. After cautioning and examining Defendant Shawn

Dixon, under oath concerning each of the subjects mentioned in Rule I l, I determined that the guilty plea

was knowledgeable and voluntary and that the offense charged is supported by an independent basis in fact

containing each of the essential elements of such offense. I therefore recommend that the plea of guilty be

accepted, and that Defendant Shawn Dixon, be adjudged guilty of Possess With Intent to Distribute a

Controlled Substance, in violation of 21 USC S 8al(aXl) and (bXf)(C)|, and have sentence imposed

accordingly. After being found guilty of the offense by the distict judge.

{ The defendant is currently in custody and should be ordered to remain in custody.

tr The defendant must be ordered detained pursuant to l8 U.S.C. $ 31a3(a)(l) unless the Court finds by clear

and convincing evidence that the defendant is not likely to flee or pose a danger to any other person or the

community if released.

tr The Government does not oppose release.

D The defendant has been compliant with the current conditions of release.

tr I find by clear and convincing evidence that the defendant is not likely to flee or pose a danger to

any other person or the community if released and should therefore be released under $ 3142(b) or

(c).

tr The Government opposes release.

o The defendant has not been compliant with the conditions of release.

tr If the Court accepts this recommendation, this matter should be set for hearing upon motion of the

Government.

tr The defendant must be ordered detained pursuant to 18 U.S.C. $ 3la3(a[2) unless (lXa) the Court finds there

is a substantial likelihood that a motion for acquittal or new trial will be granted, or (b) the Government has

recommended that no sentence of imprisonment be imposed, or (c) exceptional circumstances are clearly

shown under $ 31a5(c) why the defendant should not be detained, and (2) the Court finds by clear and

convincing evidence that the defendant is not likely tg.rflee o_r pose a person or the

community if released.

Signed March 14,2023.

TES MAGISTRATE

NOTICE

Failure to file written objections to this Report and Recommendation within fourteen (14) days from the date

of its service shall bar an aggrieved party from attacking such Report and Recommendation before the assigned United

States District Judge. 28 U.S.C. $636(bXlXB).

$

$

$

$

$

Iti

Case 3:22-cr-00392-E Document 54 Filed 03/14/23 Page 1 of 1 PageID 235
Case 5:22-cr-00096-H-BQ Document 28 Filed 02/02/23 Page 1 of 1 PageID 52
2005 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

4-18-2005

USA v. Ramirez-Elias

Precedential or Non-Precedential: Non-Precedential

Docket No. 03-3724

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2005

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 2005 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"USA v. Ramirez-Elias" (2005). 2005 Decisions. Paper 1348.

http://digitalcommons.law.villanova.edu/thirdcircuit_2005/1348
NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

Nos. 03-3724/3725

 

 UNITED STATES OF AMERICA 

 

 v.

 

ADRIAN RAMIREZ-ELIAS,

 

 Appellant (No. 03-3724)

 

 UNITED STATES OF AMERICA 

 

 v.

 MANUEL RAMIREZ-MEZA,

 Appellant (No. 03-3725)

 

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR

THE EASTERN DISTRICT OF PENNSYLVANIA

(Dist Court Nos. 02-CR-173-06 and 02-CR-173-04)

District Court Judge: Hon. Bruce W. Kaufman

Submitted Under Third Circuit LAR 34.1(a)

September 15, 2004

Before: ALITO, AMBRO, and FISHER, Circuit Judges.
We see no conflict between Kelly and United States v. Barbosa, 271 F.3d 438 1

(3d Cir. 2001), or any other decision of our Court cited by Ramirez-Elias. 

(Opinion Filed: April 18, 2005)

OPINION OF THE COURT

PER CURIAM:

This is a direct appeal in a criminal case. Adrian Ramirez-Elias pled guilty to two

counts involving a conspiracy to possess and distribute over 1,000 kilograms of marijuana

and was sentenced to the mandatory minimum sentence of 10 years for each crime. 

Prior to sentencing, Ramirez-Elias argued that the penalty provision of the statute

under which he was to be sentenced, 21 U.S.C. § 841(b)(1)(A), was unconstitutional

under Apprendi v. New Jersey, 530 U.S. 466 (2000), because the statute requires a judge

to determine the amount of narcotics in question, whereas Apprendi states a constitutional

requirement that the jury determine this amount. Our opinion in United States v. Kelly,

272 F.3d 622 (3d Cir. 2001), has foreclosed this argument in this Circuit. See also 1

United States v. Pray, 373 F.3d 358, 360 n.1 (3d Cir. 2004); United States v. Chorin, 322

F.3d 274, 282 fn. 4 (3d Cir. 2003). The Supreme Court’s recent decision in United States

v. Booker, 543 U.S. __, 125 S. Ct. 738 (2005), does not change this result. See, e.g.,

United States v. Collins, 2005 WL 476912 (4th Cir. Mar. 02, 2005) (reaffirming postBooker that § 841 is constitutional under Apprendi). 
Ramirez-Elias was sentenced pursuant to the United States Sentencing Guidelines. 

Having determined that issues with respect to Booker are best determined by the District

Court in the first instance, we vacate the sentence and remand for resentencing in

accordance with that opinion.
Exhibit 99.1

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report on Form 10-QSB of Northeast Indiana
Bancorp, Inc. (the "Company") for the quarterly period ending September 30, 2002
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Stephen E. Zahn, Chief Executive Officer of the Company, certify,
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.



By: /s/ Stephen E. Zahn
-----------------------
Name:  Stephen E. Zahn
Chief Executive Officer
November 14, 2002
<TABLE> <S> <C>

<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1998
<PERIOD-END>                               MAR-31-1998   
<CASH>                                             234
<INT-BEARING-DEPOSITS>                           3,872
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                          0
<INVESTMENTS-CARRYING>                           2,479
<INVESTMENTS-MARKET>                                 0
<LOANS>                                         91,828
<ALLOWANCE>                                        447
<TOTAL-ASSETS>                                 101,600
<DEPOSITS>                                      74,793
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                                450
<LONG-TERM>                                      9,637
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            16
<OTHER-SE>                                      16,005
<TOTAL-LIABILITIES-AND-EQUITY>                 101,600
<INTEREST-LOAN>                                  2,007
<INTEREST-INVEST>                                   47
<INTEREST-OTHER>                                    64
<INTEREST-TOTAL>                                 2,118
<INTEREST-DEPOSIT>                                 974
<INTEREST-EXPENSE>                               1,131
<INTEREST-INCOME-NET>                              987
<LOAN-LOSSES>                                       12
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                    204
<INCOME-PRETAX>                                    394
<INCOME-PRE-EXTRAORDINARY>                         250
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       250
<EPS-PRIMARY>                                      .18
<EPS-DILUTED>                                      .17
<YIELD-ACTUAL>                                    8.52
<LOANS-NON>                                      2,149
<LOANS-PAST>                                       102
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                   476   
<CHARGE-OFFS>                                       41
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                  447
<ALLOWANCE-DOMESTIC>                                 0
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
# Official Journal C 150/2010

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2010.150.eng |
| --- | --- |
| Official Journal
  of the European Union | C 150 |
| | |
| English edition | Information and Notices | Volume 539 June 2010 |

ISSN 1725-2423

doi:10.3000/17252423.C_2010.150.eng

Official Journal

of the European Union

C 150

English edition

Information and Notices

Volume 539 June 2010

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2010/C 150/01 | Non-opposition to a notified concentration (Case COMP/M.5873 — Advent/DFS Furniture Company) (1) | 1 |
| 2010/C 150/02 | Non-opposition to a notified concentration (Case COMP/M.5860 — Cooper/Danaher/JV) (1) | 1 |
| 2010/C 150/03 | Non-opposition to a notified concentration (Case COMP/M.5856 — OCI/Certain fertilizer and related businesses of DSM) (1) | 2 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2010/C 150/01

Non-opposition to a notified concentration (Case COMP/M.5873 — Advent/DFS Furniture Company) (1)

1

2010/C 150/02

Non-opposition to a notified concentration (Case COMP/M.5860 — Cooper/Danaher/JV) (1)

1

2010/C 150/03

Non-opposition to a notified concentration (Case COMP/M.5856 — OCI/Certain fertilizer and related businesses of DSM) (1)

2

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2010/C 150/04 | Euro exchange rates | 3 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2010/C 150/04

Euro exchange rates

3

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

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

EN
| (logo)  WELLS FARGO | **Commercial  Mortgage Servicing**D1050-084,  8th Floor  401 South Tryon St.  Charlotte, NC 28202  1-800-326-1334 |
|---------------------|-------------------------------------------------------------------------------------------------------------------|

 

 

**ANNUAL STATEMENT OFCOMPLIANCE**

 

Referenceis hereby made to that certain Pooling and Servicing Agreement dated as of June1, 2015, by and among J.P. Morgan Chase Commercial Mortgage Securities Corp.,as Depositor, Wells Fargo Bank, National Association, as Master Servicer,Midland Loan Services, a Division of PNC Bank, National Association, as SpecialServicer, Wells Fargo Bank, National Association, as Certificate Administrator,Wilmington Trust, National Association, as Trustee, and Pentalpha SurveillanceLLC, as Senior Trust Advisor with respect to Commercial Mortgage Pass-ThroughCertificates Series 2015-C29 (the "Agreement"). Capitalized termsused herein not otherwise defined shall have the meanings assigned in theAgreement.

 

Pursuantto Section 11.09 of this Agreement, I, Daniel Bober, Executive Vice Presidentof Commercial Mortgage Services do hereby certify that:

 

1. A review of the activities of theMaster Servicer during the period from January 1, 2017 through December 31,2017 (the “Reporting Period”), and of its performance per the Agreement duringsuch period has been made under my supervision, and

 

2. To the best of my knowledge, based onsuch review, the Master Servicer has fulfilled all of its obligations under theAgreement in all material respects throughout the Reporting Period.

 

 

INWITNESS WHEREOF, the undersigned has executed this Certificate as of the 28thday of February 2018.

 

 

/s/Daniel Bober

DanielBober

ExecutiveVice President

WellsFargo Bank

 

 

| Wells  Fargo Bank, N.A. | (logo) Together we’ll go far |
|-------------------------|------------------------------------|
IA

103D CONGRESS

1ST SESSION H. J. RES. 70

Proposing an amendment to the Constitution of the United States to provide

for four-year terms for Representatives, to limit the number of consecutive terms Representatives and Senators may serve, and to limit the

total number of terms Representatives and Senators may serve.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 25, 1993

Mr. FRANKS of Connecticut (for himself, Mr. GILCHREST, and Mr. WILSON)

introduced the following joint resolution; which was referred to the Committee on the Judiciary

JOINT RESOLUTION

Proposing an amendment to the Constitution of the United

States to provide for four-year terms for Representatives,

to limit the number of consecutive terms Representatives

and Senators may serve, and to limit the total number

of terms Representatives and Senators may serve.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 (two-thirds of each House concurring therein), That the fol4 lowing article is proposed as an amendment to the Con-
2

•HJ 70 IH

1 stitution of the United States, which shall be valid to all

2 intents and purposes as part of the Constitution when

3 ratified by the legislatures of three-fourths of the several

4 States within seven years after the date of its submission

5 by the Congress:

6 ‘‘ARTICLE—

7 ‘‘SECTION 1. The term of office of Representative

8 shall be four years.

9 ‘‘SECTION 2. A person may not be elected to serve

10 a term as a Representative if the person has been elected

11 to serve as a Representative for each of the three terms

12 that immediately precede the term. A person may not be

13 elected to serve a term as a Representative if the person

14 has been elected to serve as a Representative for any six

15 terms that precede the term.

16 ‘‘SECTION 3. A person may not be elected to serve

17 a term as a Senator if the person has been elected to serve

18 as a Senator for each of the two terms that immediately

19 precede the term. A person may not be elected to serve

20 a term as a Senator if the person has been elected to serve

21 as a Senator for any four terms that precede the term.

22 ‘‘SECTION 4. For purposes of this article, the election

23 of a person to fill a vacancy in the representation of a

24 State in the House of Representatives shall not be in25 cluded in determining the number of times the person has
3

•HJ 70 IH

1 been elected as a Representative if the person fills the va2 cancy for less than four years, and the election or appoint3 ment of a person to fill a vacancy in the representation

4 of a State in the Senate shall not be included in determin5 ing the number of times the person has been elected as

6 a Senator if the person fills the vacancy for less than six

7 years.

8 ‘‘SECTION 5. For purposes of this article, an election

9 which occurs before the date of the ratification of this arti10 cle shall not be included in determining the number of

11 times a person has been elected as a Representative or

12 Senator.’’.

Æ
1

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

JENNIFER VANDERSTOK, et al., 

Plaintiffs, 

v. 

MERRICK GARLAND, in his official 

capacity as Attorney General of the United 

States; et al., 

Defendants. 

Civil Action No. 4:22-cv-00691-O 

PLAINTIFFS’ UNOPPOSED MOTION FOR LEAVE 

TO FILE IN EXCESS OF PAGE LIMIT 

Plaintiffs Jennifer VanDerStok; Michael G. Andren; Tactical Machining, LLC; and 

Firearms Policy Coalition, Inc., through their undersigned counsel, request leave to file a Reply 

Brief in Support of Plaintiffs’ Motion for Preliminary Injunction that exceeds the standard 10-

page limit set forth in this Court’s rules of practice. The Reply Brief is approximately 15 pages, 

excluding the cover sheet, table of contents, table of authorities, and index of exhibits. The Reply 

Brief presents issues that warrant briefing in excess of the 10-page limit, especially given the 

complexity, length, and breadth of Defendants’ Final Rule at issue and Defendants’ 36-page 

opposition brief. ECF No. 41. Defendants do not oppose the relief requested herein. 

Case 4:22-cv-00691-O Document 49 Filed 08/31/22 Page 1 of 3 PageID 659
2

DATED this 31st day of August 2022. 

Respectfully submitted, 

/s/ R. Brent Cooper 

R. Brent Cooper (TX Bar No. 04783250) 

COOPER & SCULLY, P.C.

900 Jackson Street, Suite 100 

Dallas, TX 75202 

Telephone: (214) 712-9500 

Telecopy: (214) 712-9540 

brent.cooper@cooperscully.com 

Cody J. Wisniewski* (CO Bar No. 50415) 

FIREARMS POLICY COALITION

5550 Painted Mirage Road, Suite 320 

Las Vegas, NV 89149 

Telephone: (916) 378-5785 

Telecopy: (916) 476-2392 

cwi@fpchq.org 

Kaitlyn D. Schiraldi* (TN Bar No. 039737)

Erin M. Erhardt* (CO Bar No. 49360)

MOUNTAIN STATES LEGAL FOUNDATION

2596 S. Lewis Way 

Lakewood, CO 80227 

Telephone: (303) 292-2021 

Telecopy: (877) 349-7074 

kschiraldi@mslegal.org 

eerhardt@mslegal.org 

*Admitted pro hac vice

Attorneys for Plaintiffs 

 

Case 4:22-cv-00691-O Document 49 Filed 08/31/22 Page 2 of 3 PageID 660
3

CERTIFICATE OF SERVICE 

I hereby certify that, on August 31, 2022, a true and correct copy of the foregoing 

document was served via the Court’s CM/ECF system to all counsel of record. 

 /s/ R. Brent Cooper 

 R. Brent Cooper 

CERTIFICATE OF CONFERENCE

 I hereby certify that, on August 30, 2022, Plaintiffs’ counsel conferred with Defendants’ 

counsel, Martin Tomlinson, via email, who stated that Defendants did not oppose this Motion. 

 /s/ R. Brent Cooper 

 R. Brent Cooper 

Case 4:22-cv-00691-O Document 49 Filed 08/31/22 Page 3 of 3 PageID 661
UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

 §

 Plaintiff §

§

§

 v. § Case No. 

§

§

 §

 Defendant §

ORDER FOR ADMISSION PRO HAC VICE

The Court has considered the Application for Admission Pro Hac Vice of 

 .

 

It is ORDERED that:

the application is granted. The Clerk of Court shall deposit the aGPLVVLon fee to the

account of the Non-Appropriated Fund of this Court. It is further ORDERED that, if the

Applicant has not already done so, the Applicant must register as an ECF User within 14

days. See LR 5.1(f) and LCrR 49.2(g).

the application is denied. The Clerk of Court shall return the admission fee to the

Applicant.

 

DATE PRESIDING JUDGE

JENNIFER VANDERSTOK, et al.

MERRICK GARLAND, et al.

4:22-cv-00691-O

Marc A. Nardone

Case 4:22-cv-00691-O Document 161-1 Filed 01/10/23 Page 1 of 1 PageID 3033
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 390 Referred in Senate (RFS)]

103d CONGRESS
  2d Session
H. J. RES. 390

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             August 8, 1994

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                            JOINT RESOLUTION

 
        Designating September 17, 1994, as ``Constitution Day''.

Whereas the Constitution of the United States is the cornerstone of the Nation's 
        system of government under law;
Whereas the Constitution of the United States signifies the importance of the 
        rule of law and affirms the Nation's dedication to the principles of 
        freedom and justice;
Whereas the Constitution of the United States is recognized by many to be the 
        most significant and important document in history for establishing 
        freedom and justice through democracy;
Whereas the Constitution of the United States provides the framework of the 
        Nation's law, spirit, and beliefs;
Whereas the Constitution of the United States deserves the recognition, respect, 
        and reverence of all Americans;
Whereas every American should celebrate the freedom and responsibilities of the 
        Constitution of the United States; and
Whereas the Constitution of the United States was signed on September 17, 1787: 
        Now, therefore, be it
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That September 17, 1994, is 
designated as ``Constitution Day'', and the President is authorized and 
requested to issue a proclamation calling on the people of the United 
States to observe the day with appropriate ceremonies and activities.

            Passed the House of Representatives August 5, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.
```