alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent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.

REVISED, OCTOBER 24, 2000

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 99-30898

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

FRANK S. JACKSON, JR.,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. 99-CR-25-ALL-M

- - - - - - - - - -

September 1, 2000

Before EMILIO M. GARZA, STEWART and PARKER, Circuit Judges.

PER CURIAM:*

Frank S. Jackson, Jr., appeals from his jury-verdict

conviction for being a felon in possession of a firearm which had

been shipped in interstate commerce. He argues that the district

court erred in adding three criminal history points for his prior

conviction for attempted manslaughter. Because he failed to

object to this issue in district court, our review is limited to

plain error. See United States v. Ocana, 204 F.3d 585, 588 (5th

Cir. 2000).
No. 99-30898

-2-

Jackson’s sentence for his attempted-manslaughter conviction

included a two-year term of imprisonment as a condition of his

probation, and he was given credit for time served. His prior

sentence therefore qualified as a sentence of imprisonment

exceeding one year and one month under U.S.S.G. § 4A1.1(a). See

U.S.S.G. §§ 4A1.1(a), 4A1.2(b), 4A1.2, comment. (n.2); see also

United States v. Brown, 54 F.3d 234, 239-40 (5th Cir.

1995)(defendant, who was given credit for time served, actually

served part of his prior sentence, thereby qualifying such prior

sentence as a sentence of imprisonment under § 4A1.1(a)). The

district court did not err in adding three points for his prior

sentence under § 4A1.1(a), and its judgment is AFFIRMED.

Jackson has moved this court for appointment of substitute

counsel. Given the disposition of the instant appeal and the

fact that his currently appointed counsel appears to have

rendered meaningful assistance, his motion is DENIED.

AFFIRMED; MOTION DENIED.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                           8,791
<SECURITIES>                                         0
<RECEIVABLES>                                    1,341
<ALLOWANCES>                                       164
<INVENTORY>                                      6,318
<CURRENT-ASSETS>                                17,340
<PP&E>                                           2,173
<DEPRECIATION>                                   1,588
<TOTAL-ASSETS>                                  19,233
<CURRENT-LIABILITIES>                            6,690
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        319
<COMMON>                                           371
<OTHER-SE>                                      11,853
<TOTAL-LIABILITY-AND-EQUITY>                    19,233
<SALES>                                          1,498
<TOTAL-REVENUES>                                 1,498
<CGS>                                            1,091
<TOTAL-COSTS>                                    1,091
<OTHER-EXPENSES>                                 4,754
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 161
<INCOME-PRETAX>                                (4,509)
<INCOME-TAX>                                        26
<INCOME-CONTINUING>                            (4,535)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (4,535)
<EPS-BASIC>                                     (0.13)
<EPS-DILUTED>                                   (0.13)


</TABLE>
<TABLE> <S> <C>


<ARTICLE> 9
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-START>                             OCT-01-1996
<PERIOD-END>                               MAR-31-1997
<CASH>                                             879
<INT-BEARING-DEPOSITS>                             467
<FED-FUNDS-SOLD>                                12,020
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                        795
<INVESTMENTS-CARRYING>                          15,812<F1>
<INVESTMENTS-MARKET>                            15,839
<LOANS>                                         25,409
<ALLOWANCE>                                         52
<TOTAL-ASSETS>                                  56,343
<DEPOSITS>                                      36,114
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                                736
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      19,493<F2>
<TOTAL-LIABILITIES-AND-EQUITY>                  56,343
<INTEREST-LOAN>                                    961
<INTEREST-INVEST>                                  316<F3>
<INTEREST-OTHER>                                   324
<INTEREST-TOTAL>                                  1601
<INTEREST-DEPOSIT>                                 854
<INTEREST-EXPENSE>                                 854
<INTEREST-INCOME-NET>                              747
<LOAN-LOSSES>                                        0
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                    506
<INCOME-PRETAX>                                    244
<INCOME-PRE-EXTRAORDINARY>                         161
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       161
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<YIELD-ACTUAL>                                    3.29
<LOANS-NON>                                          0
<LOANS-PAST>                                       500
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                    52
<CHARGE-OFFS>                                        0
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                   52
<ALLOWANCE-DOMESTIC>                                 2
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                             50
<FN>
<F1>Includes certificates of deposit.
<F2>Includes net unrealized gain on securities, additional paid-in capital
and shares acquired by ESOP.
<F3>Includes interest from mortgage-backed securities.
</FN>
        


</TABLE>
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v.
KAREEN ANDERSON, AKA Webb,

Defendant

- Appellant. No. 22

- 10007

D.C. No. 2:16

- cr

- 00305

- KJD

- VCF

- 1

MEMORANDUM *

Appeal from the United States District Court for the District of Nevada Kent J. Dawson, District Judge, Presiding

Submitted July 12, 2022 * *

Before: SCHROEDER, R. NELSON, and VANDYKE, Circuit Judges.
Kareen Anderson appeals pro se from the district court’s order denying his

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

jurisdiction under 28 U.S.C. § 1291. Reviewing for abuse of discretion, see United

States v. Keller , 2 F.4th 1278, 1281 (9th Cir. 2021), we affirm.

* 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

JUL 20 2022

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS2 22

- 10007

Anderson contends that the district court erred in concluding that his medical

conditions and family circumstances did not constitute extraordinary and

compelling reasons for relief. The district court observed that (1) many of

Anderson’s self

- diagnoses were not supported by the provided medical record ; (2)

although there were a few positive cases in Anderson’s prison
, a high percentag e
of the inmates in his prison were vaccinated against COVID

- 19 ; and (3) the court
had been aware of Anderson’s challenging family situation at the time of

sentencing. On this record
, the district court did not abuse its discretion in

concluding that Anderson’s medical status, even when viewed in conjunction with

his family circumstances, did not constitute an extraordinary and compelling

reason justifying compassionate release

. See United States v. Robertson , 895 F.3d

1206, 1213 (9th Cir. 2018) (district court abuses its discretion only if its decision is

illogical, implausible, or not supported by the record).

T h e record does not support Anderson ’ s claim that the district court

effectively required Anderson to disobey his religious beliefs in exchange for

compassionate release . Rather, the court merely explained that, although Anderson

was entitled to refuse the vaccine, it would not treat his unvaccinated status as
favoring compassionate release

.
AFFIRMED.
[No. 46074-9-I.

Division One.

December 11, 2000.]

#### The State of Washington, *Respondent,*v. Jeffrey S. Hintz, *Appellant.*

Appeal from a judgment of the Superior Court for King County, No. 99-1-02487-3, Janice Niemi, J., entered January 18, 2000. *Affirmed*by unpublished per curiam opinion.
EXHIBIT 32.1
**CERTIFICATION**
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350, as adopted), V.Bryan Lawlis, Chief Executive Officer of Aradigm Corporation (the “Company”), and Thomas C.Chesterman, Chief Financial Officer of the Company, each hereby certifies that, to the best of hisknowledge:
1. The Company’s Quarterly Report on Form 10-Q for the period ended March 31, 2005, to which thisCertification is attached as Exhibit 32.1 (the “Periodic Report”), fully complies with therequirements of section 13(a) or section 15(d) of the Securities Exchange Act of 1934, and
2. The information contained in the Periodic Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.
IN WITNESS WHEREOF, the undersigned have set their hands hereto as of the 13th day ofMay 2005.     /s/ V. BRYAN LAWLIS /s/ THOMAS C. CHESTERMAN   V.Bryan Lawlis ThomasC. Chesterman  *President and Chief Executive Officer* *Senior Vice President and Chief Financial Officer*
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.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         September 19, 2024.                    

# FOR FURTHER INFORMATION CONTACT:

Sean Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on September 9, 2024, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail & USPS Ground Advantage® Contract 337 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2024-641, CP2024-650.                

Sean Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-21328 Filed 9-18-24; 8:45 am]

BILLING CODE 7710-12-P
[Federal Register Volume 89, Number 182 (Thursday, September 19, 2024)]
[Notices]
[Page 76885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21315]


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

POSTAL SERVICE


Product Change--Priority Mail and USPS Ground Advantage[supreg] 
Negotiated Service Agreement

AGENCY: Postal Service<SUP>TM</SUP>.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of required notice: September 19, 2024.

FOR FURTHER INFORMATION CONTACT: Sean Robinson, 202-268-8405.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
September 4, 2024, it filed with the Postal Regulatory Commission a 
USPS Request to Add Priority Mail & USPS Ground Advantage[supreg] 
Contract 328 to Competitive Product List. Documents are available at 
www.prc.gov, Docket Nos. MC2024-614, CP2024-622.

Sean Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2024-21315 Filed 9-18-24; 8:45 am]
BILLING CODE 7710-12-P
#### MAETZ v. STATE.

No. 16391.

Court of Criminal Appeals of Texas.

Jan. 10, 1934.

*308E. S. Fellbaum, of San Antonio, for appellant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

KRUEGER, Judge.

The appellant was tried and convicted of the offense of theft under the value of $50 and over the value of $5, and his punishment assessed at a fine of $5, and confinement in the county jail for one day.

The record is before us without a statement of facts or bills of exception. No defect either in the information or procedure has been pointed out or has been perceived. No question is presented for review.

The judgment is affirmed.

PER CURIAM.

The foregoing .opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court.
EXHIBIT 24
 POWER OF ATTORNEY
  th
 /s/ Jay L. Schottenstein
    
    Chairman of the Board of DirectorsJay L. Schottenstein/s/ James A. McGrady
    
    Chief Executive Officer, President,James A. McGrady
    
    Chief Financial Officer and
Treasurer(Principal Executive Officer and Principal Financial
and Accounting Officer)/s/ Henry L. Aaron
    
    DirectorHenry L. Aaron/s/ Ari Deshe
    
    DirectorAri Deshe/s/ Jon P. Diamond
    
    DirectorJon P. Diamond/s/ Elizabeth M. Eveillard
    
    DirectorElizabeth M. Eveillard/s/ Lawrence J. Ring
    
    DirectorLawrence J. Ring/s/ Harvey L. Sonnenberg
    
    DirectorHarvey L. Sonnenberg/s/ James L. Weisman
    
    DirectorJames L. Weisman
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 Netopia, Inc. (the Company) on Form
10-Q for the three months ended March 31, 2004 as filed with the United States Securities and Exchange Commission (the Report), William D. Baker, as Senior Vice President, Finance and Operations and Chief Financial Officer of the
Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



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



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



By:

/s/ William D. BakerWilliam D. BakerSenior Vice President, Finance and Operations, and Chief Financial Officer Date: May 11, 2004
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 Energy Transfer Partners, L.P. (the Partnership) on Form 10-Q
for the quarter ended November 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Brian J. Jennings, Chief Financial Officer, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of 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 Partnership.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------

Date: January 9, 2008



/s/ Brian J. JenningsBrian J. JenningsChief Financial Officer


---

|* | A signed original of this written statement required by 18 U.S.C. Section 1350 has been provided to and will be retained by Energy Transfer Partners, L.P.
|- | ----------------------------------------------------------------------------------------------------------------------------------------------------------
EXHIBIT 32.1

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

In connection with the Annual Report of OshKosh B'Gosh, Inc. (the "Company") on Form 10-K for the period ended January 3, 2004 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Douglas W. Hyde, 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 the best of 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/ DOUGLAS W. HYDE    
|-----------------------
|                       
|Douglas W. Hyde        
|Chief Executive Officer
|March 16, 2004         



A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to OshKosh B'Gosh, Inc. and will be retained by OshKosh B'Gosh, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
[Federal Register Volume 89, Number 177 (Thursday, September 12, 2024)]
[Notices]
[Page 74287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20722]


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

DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--Cooperative Research Group on Numerical 
Propulsion System Simulation

    Notice is hereby given that, on May 31, 2024, pursuant to section 
6(a) of the National Cooperative Research and Production Act of 1993, 
15 U.S.C. 4301 et seq. (``the Act''), Southwest Research Institute--
Cooperative Research Group on Numerical Propulsion System Simulation 
(``NPSS'') has filed written notifications simultaneously with the 
Attorney General and the Federal Trade Commission disclosing changes in 
its membership. The notifications were filed for the purpose of 
extending the Act's provisions limiting the recovery of antitrust 
plaintiffs to actual damages under specified circumstances. 
Specifically, GKN Aerospace, Trollhattan, SWEDEN, has been added as a 
party to this venture.
    Also, Honeywell International Inc., Tucson, AZ, has withdrawn as a 
party to this venture.
    No other changes have been made in either the membership or planned 
activity of the group research project. Membership in this group 
research project remains open, and NPSS intends to file additional 
written notifications disclosing all changes in membership.
    On December 11, 2013, NPSS filed its original notification pursuant 
to section 6(a) of the Act. The Department of Justice published a 
notice in the Federal Register pursuant to section 6(b) of the Act on 
February 20, 2014 (79 FR 9767).
    The last notification was filed with the Department on January 4, 
2024. A notice was published in the Federal Register pursuant to 
section 6(b) of the Act on March 13, 2024 (89 FR 18439).

Suzanne Morris,
Deputy Director Civil Enforcement Operations, Antitrust Division.
[FR Doc. 2024-20722 Filed 9-11-24; 8:45 am]
BILLING CODE P
#### DIAMOND et al. v. HODGES.

No. 11672.

Court of Civil Appeals of Texas. Dallas.

June 2, 1934.

See, also, 58 S.W.(2d) 187.

Hughes & Monroe and O. E. Wencker, all of Dallas, for appellants.

Coker, Rhea & Vickrey, of Dallas, for appellee.

JONES, Chief Justice.

This is an injunction suit, instituted in a ■district court of Dallas county, by appellee, Chas. O. Hodges, under the 1933 Moratorium Law (Vernon’s Ann. Civ. St. art. 2218b), to ■restrain appellants, W. C. Diamond and O. E. Wencker, trustee, from selling under a power of sale in a deed of trust, certain described real estate in the city of Dallas, in which appellee owns the record title and appellant W. C. Diamond has a deed of trust lien to secure a valid debt. A temporary writ of injunction was granted, under the terms of such law, and an appeal from this order was prosecuted to this court. The law authorizing the writ of injunction, ended by its own terms May 1,1934, and the injunction necessarily ceased to exist on that date. Since the statute is no longer operative, the cause is deemed moot, and for that reason the appeal is dismissed. The temporary injunction, entered by the district court, is necessarily dissolved. Plainview B. & L. Ass’n v. Lillian Robbins; Guardian Trust Co., Trustee, v. Mrs. Louise Turner et vir; J. E. Broussard et al. v. Beaumont Petroleum Syndicate et al.; Malachy Murphy v. E. O. Phillips et al., 72 S.W.(2d) 92, decided by the Supreme Court of this state, but not yet reported [in State Reports], and Investors’ Syndicate et al. v. Edwin Thomas and wife, 72 S.W.(2d) 93, decided by this court.

Appeal dismissed.