alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

v.  No. 03-4413

KIRK DARNELL TAYLOR,

Defendant-Appellant. 

Appeal from the United States District Court

for the Western District of Virginia, at Charlottesville.

James H. Michael, Jr., Senior District Judge.

(CR-94-42)

Submitted: October 10, 2003

Decided: October 27, 2003

Before WILLIAMS, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion. 

COUNSEL

Frederick T. Heblich, Jr., Charlottesville, Virginia, for Appellant.

John L. Brownlee, United States Attorney, Jean B. Hudson, Assistant

United States Attorney, Charlottesville, Virginia, for Appellee. 

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c). 
OPINION

PER CURIAM: 

Kirk Darnell Taylor appeals the fifteen-month sentence imposed

after the district court revoked his supervised release. Taylor asserts

that the district court did not provide adequate notice of its intent to

sentence him above the recommended guideline range and that his

sentence is plainly unreasonable. We affirm. 

Taylor contends that the district court was required to give him

notice of its intention to depart from the recommended guideline

range listed in Section 7B1.4 of the U.S. Sentencing Guidelines Manual (2002) and the grounds upon which such departure was based. But

no such notice is required because "Chapter 7’s policy statements are

now and have always been non-binding, advisory guides to district

courts in supervised release revocation proceedings." United States v.

Davis, 53 F.3d 638, 642 (4th Cir. 1995). See also United States v.

Shaw, 180 F.3d 920, 922-23 (8th Cir. 1999) (collecting cases). 

We also find that the district court did not abuse its discretion in

imposing a fifteen-month sentence, although the sentence exceeds the

three-to-nine-month sentence recommended in U.S. Sentencing

Guidelines Manual Ch. 7 (2002). See Davis, 53 F.3d at 642. Taylor’s

violations of the terms of his supervised release provide ample support for the action of the district court, and Taylor’s sentence is within

the statutory maximum. See 18 U.S.C.A. § 3583(e)(3) (West 2000 &

Supp. 2003). 

Accordingly, we affirm the judgment of the district court. 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

2 UNITED STATES v. TAYLOR
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 19
- 0 365 STATE OF MONTANA,

Plaintiff and Appellee, v. MONTE BLAIN GOSSARD ,

Defendant and Appellant.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including July 29 , 20 20 , within which to prepare, file, and serve Appellant’s opening brie f on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

June 15 2020

06/15/2020

Case Number: DA 19-0365
EXHIBIT 23

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation
by reference in Registration Statements No. 333-74616 and No. 333-146214 on Form S-8, and in Registration Statements No. 333-168232 and 333-162164 on Form S-3, of our report dated March 10, 2011 on our audits of the consolidated
financial statements of Sierra Bancorp and Subsidiary and the effectiveness of internal control over financial reporting appearing in this Annual Report on Form 10-K.



|                                   
|-----------------------------------
|/s/ Vavrinek, Trine, Day & Co., LLP
|                                   
|Rancho Cucamonga, California       
|March 10, 2011
#### In re Alan CAMERON, Debtor. Alan CAMERON, Plaintiff, v. GEORGIA CENTRAL BANK, Defendant.

Bankruptcy No. 82-02012A.

Adv. No. 82-1171A.

United States Bankruptcy Court, N.D. Georgia.

Dec. 2, 1982.

Paul C. Parker, Decatur, Ga., for plaintiff.

*411James V. Burgess, Jr., Social Circle, Ga., for defendant.

ORDER

W. HOMER DRAKE, Bankruptcy Judge.

After notice, on July 8, 1982, a trial was held on the debtor’s May 11,1982 complaint to avoid lien. The questions presented at this trial were: (1) whether the security interest at issue was a purchase-money security interest and (2) whether the provisions of 11 U.S.C. § 522(f) which allow a debtor to avoid a nonpossessory, nonpur-chase-money security interest in certain consumer goods to the extent that said lien impairs an exemption to which the debtor would have been entitled are applicable to a Chapter 13 proceeding.

After hearing evidence and argument of counsel, the Court makes the following findings of fact and conclusions of law:

On November 18, 1980, Georgia Central Bank (“the Bank”) loaned the debtor $2,500.00, of which $1,043.00 was advanced for the specific purpose of enabling the debtor to purchase certain items of household furniture from GKM Warehouse, Inc. of Social Circle, Georgia. A security agreement was executed and a financing statement filed resulting in the Bank’s perfecting its security interest.

For the reason stated below, the Court finds that the Bank’s loan to the debtor is not a purchase-money loan; and, consequently, the Bank does not have a purchase-money security interest. While it is true that a portion of the loan enabled the debtor to purchase certain household goods, a portion of the loan was also a consolidation of a preexisting debt. As one Court has stated,

> “When a lender consolidates a purchase-money loan with a nonpurchase-money loan, it effectively gives up its purchase-money status unless there is some method provided for determining the extent to which each item of collateral secures its purchase money. Lenders have known that for some time.” *In re Coomer,*8 B.R. 351, 355 (Bkrtcy.E.D.Tenn.1980); see also *In the Matter of Luczak,*16 B.R. 743 (Bkrtcy.W.D.Wisc.1982).

In the instant case, there has been no method shown which would enable the Court to determine the extent to which the new furniture secured only purchase money. Therefore, the security interest is nonpur-chase money.

In *In re Mitchell,*Bkrtcy., 25 B.R. 406, Adversary Proceeding No. 82-0274A, this Court addressed the question of whether the provisions of § 522(f) of the Bankruptcy Code were applicable in a Chapter 13 proceeding. In *Mitchell,*the Court found that § 522(f) is applicable to Chapter 13 proceedings.

Therefore, the relief which the plaintiff seeks is granted and the Bank’s security interest in “two rooms of furniture consisting of one bed, one nightstand, one dresser, one hutch, two-piece living room suite, (and) one 1978 Zenith TV” is hereby declared to be avoided as contemplated by 11 U.S.C. § 522(f).

IT IS SO ORDERED.
#### Will of Schattschneider: Schattschneider and others, Appellants, vs. Bushberger and others, Respondents.

*February 6*

March *4, 1930.*

*188• For the appellants there was a brief by *Rubin & Zabel,*attorneys, and *R. R. Stauff*and *W. B. Rubin,*of counsel, all of Milwaukee, and oral argument by *Mr. Stauff.*

For the respondents the cause was súbmittéd on the brief of *Geo. J. Graebner*and *Wengert & Moeller,*all of Milwaukee.

Crownhart, J.

The deceased made his will November 22, 1927. He died February 7, 1928. He left surviving him his wife, divorced from bed and board, and four children, — one son and three daughters, all married and more than twenty-one years of age. The testator secured a divorce from bed and board from his wife in 1915, and the decree provided for a division of the property, the wife receiving property of the value of $5,000. After the divorce one Wilhelmine Klempen lived with testator as his housekeeper. She seems to have faithfully performed her duties as housekeeper, helped the testator with- his work outside the home, and nursed him in sickness. There is some evidence to indicate that the relations of testator and his housekeeper may have been meretricious. After the divorce decree testator’s wife sued his housekeeper for alienating the affections of her husband and recovered a judgment of some $800.

The will was drawn by a reputable lawyer, who testified to its due execution and that testator was competent and free from any outside influence. The estate amounts to about $15,000.

The contestants of the will are three children, all of whom had not been on friendly terms with testator’s housekeeper *189after testator’s divorce, and who had had more or less trouble with testator.

By his will testator left about $1,500 to his housekeeper, in consideration of her services to him, and some articles besides, of small value. Testator also provided that his housekeeper might occupy his homestead during her life, or until she should marry. The homestead, subject to the interest of the housekeeper, and the balance of his estate were given to his youngest daughter, with whom his relations had always been friendly.

Contestants claim the will was the result of undue influence of the housekeeper, and that at the time of making the will testator was not of sound mind and memory.

That the housekeeper had opportunity to exercise undue influence is admitted. But the will itself is a natural will, when all the circumstances are considered. There is no evidence that the housekeeper exercised any undue influence, or that she secured anything by reason thereof. Mere opportunity to exercise undue influence falls far short of establishing undue influence. *Will of Lotwin,*186 Wis. 42, 202 N. W. 151.

The evidence without substantial controversy shows that the testator was fully competent to make his will at the time of its execution.

The county court found that testator was competent to make the will; that he was free from undue influence, and admitted the will to probate. The order is fully justified by the evidence.

*By the Court,*— The order of the county court is affirmed.
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# Sentry Aloha 18-1 Comes To An End

By  Airman 1st Class Eric M. Fisher

                354th Fighter Wing Public Affairs  –              

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                -                       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:*                         November 21, 2024.                    

# FOR FURTHER INFORMATION CONTACT:

Sean C. 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 November 15, 2024, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground Advantage® Contract 742 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2025-430, K2025-427.                

Sean C. Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-27245 Filed 11-20-24; 8:45 am]

BILLING CODE 7710-12-P
CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM





We consent the use of our reports dated March 12, 2014 with respect to the consolidated financial statements of Oncolytics Biotech Inc. (“Oncolytics”) as at December 31, 2013 and 2012 and for each of the years in the three year period ended December 31, 2013 , and the effectiveness of internal control over financial reporting of Oncolytics as of December 31, 2013 , included in the Annual Report on Form 20-F of Oncolytics for the year ended December 31, 2013 , as filed with the United States Securities Exchange Commission (“SEC”).


We also consent to the incorporation by reference in the Registration Statement on Form F-10 (No. 333-182260) and in the Registration Statement on Form S-8 (No. 333-171625) of our reports dated March 12, 2014 with respect to the consolidated financial statements of Oncolytics as at December 31, 2013 and 2012 and for each of the years in the three year period ended December 31, 2013 , and the effectiveness of internal control over financial reporting of Oncolytics as of December 31, 2013 , included in the Annual Report on Form 20-F of Oncolytics for the year ended December 31, 2013 , as filed with the SEC.





Calgary, CanadaMarch 19, 2014Chartered Accountants
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```

[Congressional Record Volume 155, Number 7 (Tuesday, January 13, 2009)]
[House]
[Page H169]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                              {time}  1400
                              AFTER RECESS

  The recess having expired, the House was called to order by the 
Speaker pro tempore (Mr. Larsen of Washington) at 2 p.m.

                          ____________________
```
Motion Granted; Appeal Dismissed and Memorandum Opinion filed May 24 ,

2022

.

In The



## Fourteenth Court of Appeals

NO. 14

- 21

- 00514

- CV

JOSE SANCHEZ AND CAR DENAS AUTO SALES, A TEXAS GENERAL PARTNERSHIP , Appellant

V.

DANIEL JACKSON & ASS OCIATES, P.C. , Appell e e

On Appeal from the 127th District Court

Harris County, Texas Trial Court Cause No. 2016

- 19246A

MEMORANDUM OPINION This is an appeal from a n order signed August 13, 2021

. On November 18, 2021, this court abated the appeal because Ana Maria Lara, a part n er in appellant Cardenas Auto Sales, A Texas General Partnership, was in bankrup tcy. See Tex. R. App. P. 8.1.2

On April 29, 2022, the parties filed a joint motion to dismiss the appeal with prejudice

. See Tex. R. App. P. 42.1. The motion was j oin ed by A ll i son D. Byman , the Chap ter 7 Trustee in the bankruptcy proceeding. A ccording to the motion and
exhibits at tached thereto, the bank ruptcy court confirmed the settlement agreement between the part ies.
Accordingly , we REINSTAT E the appeal and GRANT the joint motion to dismiss the appeal.
The appeal is dismissed.

PER CURIAM

Panel c onsists of Justices Bourliot, Hassan, and Wilson
Exhibit 10.4

  Confidential portions of this document indicated by "*****" have been omitted
                    and filed separately with the Commission


                               VINCENT METAL GOODS
                               1100 Shaver Road NE
                                 P.O. Box 74918
                           Cedar Rapids, IA 52407-4918
                                 (319) 366-6251
                                 1-800-332-5471
                               (319) 366-6255 fax


To:      FEATHERLITE                                                3/9/99

Attn:    Shar & Craig

<TABLE>
<CAPTION>


-------------------------------------------------------------------------------------- ---------------- --------------
                                  Item Description                                          Price           Unit
-------------------------------------------------------------------------------------- ---------------- --------------
         <S>                                                                           <C>             <C>   
         3003H16 Roofing Coil
         475,000# Year 2000

         3003H16 .040                                                                  *****            cwt
         64-5/8, 75-1/2, 76-3/4, 86-1/4, 88-1/4, 93-1/2, 96-5/8 x Coil

         3003H16. 040                                                                  *****            cwt
         103 x Coil

         3003H16 .032                                                                  *****            cwt
         98 x Coil

         3500# max coils
         20" to 24" ID

         Quote valid for six days

         Thanks Mike Evans

         /s/Gary Ihrke  3/11/99

-------------------------------------------------------------------------------------- ---------------- --------------
</TABLE>

Delivery

Terms                                              FOB               Delv.
--------------------------------------------------------------------------------
         This quotation is offered for acceptance within 6 days and is subject
         to material availability and price in effect at time of shipment unless
         otherwise noted. Your order must conform to this quote. Cancellation or
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Your salesman is:                          Thank you, your order is appreciated.
         Mike Burger
         Mike Evans