alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT RECOMMENDED FOR PUBLICATION File Name: 20a0672n.06
No. 20
- 3152
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
UNITED STATES OF AMERICA , Plaintiff

- Appellant ,

v. CORTEZES DIMING , Defendant

- Appellee

. ) ) ) ) ) ) ) ) ) ) ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO

BEFORE: MOORE, GILMAN, and GRIFFIN , Circuit Judges

. GRIFFIN , Circuit Judge

. Defendant Cortezes Diming pleaded guilty to being a felon in possession of a firearm. And
because two of the firearm’s serial numbers 1 were worn off (which Diming concedes) , his
p resentence investigation r eport concluded that U.S.S.G. § 2K2.1(b)(4)(B) ’s enhancement for possessing a firearm with “ an altered or obliterated serial number ” should apply. The district court disagreed ; it reasoned that the enhancement applies only if the serial number became less legible because someone acted with “some element of intentionality ” and that instances of negligence or “regular wear and tear” would be insufficient

. This conclusion led to a lower base offense level and ultimately resulted in a ten

- month term of imprisonment.

1 At the sentencing hearing, a Bureau of Alcohol, Tobacco, Firearms and Explosives special agent testified that when the gun was originally stamped, its serial number had seven digits

— a “T” followed by “ six numerics

. ”No. 20

- 3152

United States v. Diming

- 2

- We agree with the government that the district court’s narrow view of the enhancement caused it to improperly calculate the Guidelines range, which rendered the sentence procedurally
unreasonable. See United States v. Mack , 808 F.3d 1074, 1084 (6th Cir. 2 015 ). This is because
the district court did not have the benefit of our decision in United States v. Sands , 948 F.3d 709 (6th Cir. 2020) , which we issued a few weeks after the court sentenced Diming. In Sands , we clarified that § 2K 2.1 (b)(4) applies if the serial number “is materially changed in a way that makes
accurate information less accessible.” Id. at 715 (citation omitted). We further explained that
because § 2K2.1(b)(4)(B) is a strict liability enhancement, it “make[s] no distinction between serial numbers that have been obliterated intentionally from those numbers that have otherwise been obliterated by forces of nature.” Id. at 718 (citation omitted). Thus, w hether the changes to the serial number were intentional (or not) “play[s] no role in the analysis.” Id.
Because Sands expressly reject ed the district court’s standard that included intent as a requirement, we vacate Diming’s sentence and remand for resentencing w ith instructions to apply
the enhancement in light of Sands and his concession that the firearm’s serial number was missing digits.
AO 450 (Rev. 11/11) Judgment in a Civil Action

UNITED STATES DISTRICT COURT

for the

__________ District of __________

)

)

)

)

)

Plaintiff

v. Civil Action No.

Defendant

JUDGMENT IN A CIVIL ACTION

The court has ordered that (check one):

u the plaintiff (name) recover from the

defendant (name) the amount of

dollars ($ ), which includes prejudgment

interest at the rate of %, plus post judgment interest at the rate of % per annum, along with costs.

u the plaintiff recover nothing, the action be dismissed on the merits, and the defendant (name)

recover costs from the plaintiff (name)

.

u other:

.

This action was (check one):

u tried by a jury with Judge presiding, and the jury has

rendered a verdict.

u tried by Judge without a jury and the above decision

was reached.

u decided by Judge on a motion for

.

Date: CLERK OF COURT

Signature of Clerk or Deputy Clerk

4/10/2019

 Southern District of Ohio

Catherine J. Loper

3:18-CV-85

Commissioner of Social Security

✔ Judgment in favor of Plaintiff and against Defendant; case is remanded under the Fourth Sentence of 42

U.S.C. § 405(g) for further proceedings
# United States Court **of Appeals**  **f or the Fifth Circuit** 

**____________** No. 22
- 40370 Summary Calendar

**____________ United States of America,**  Plaintiff

— Appellee **,** versus **Nancy Garcia Toscano,** Defendant

— Appellant **.**

**______________________________** Appeal from the United States District Court for the Southern District of Texas USDC No. 2:20
- CR
- 1062
- 1

**______________________________** Before **Wiener, Elrod,** and **Engelhardt,** Circuit Judges **. Per Curiam**  **:** ***** Plaintiff
- Appellee Nancy Garcia Toscano appeals the sentence she received for possession of methamphetamine with intent to distribute . Toscano asserts that the district court erred by imposing a condition of supervised release requiring mental health treatment because the condition

**_____________________** * This opinion is not designated for publication. See **5th Cir . R.**  47.5. United States Court of Appeals Fifth Circuit 

### FILED May 12, 2023 Lyle W. Cayce Clerk Case: 22-40370 Document: 00516748645 Page: 1 Date Filed: 05/12/2023No. 22
- 40370

2 was not reasonably related to her history and characteristics . For the following reasons, we **AFFIRM** . We usually review the imposition of a spe cial condition of supervised release for abuse of discretion. See United States v. Gordon , 838 F.3d 597, 604 (5th Cir. 2016) . However, because Garcia Toscano failed to object to this condition during the district court proceedings, plain error review appli es. See United States v. Huerta , 994 F.3d 711, 715 (5th Cir. 2021); United States v. Peltier , 505 F.3d 389, 391 (5th Cir. 2007) . Garcia Toscano must show , inter alia, an error that is clear or obvious. See Puckett v. United States , 556 U.S. 129, 135 (2009). Although the record contains no evidence that Garcia Toscano was diagnosed with or treated for a mental health issue, there was other evidence to give the district court a reason to believe she suffered from a mental health condition , see United States v. Alvarez , 880 F.3d 236, 240 (5th Cir. 2018) . Moreover, there was evidence that reflected “a questionable mental health history . ” United States v. Gordon , 838 F.3d 597, 604 (5th Cir. 2016 ) . T he cases Garcia Toscano cites are distinguishable on the facts . T o the extent Garcia Toscano relies on the lack of a referral to treatment by the psychiatrist she saw while in custody, there are not enough facts in the record about her encounter with the psychiatrist to support a conc lusion that her history did not reflect a need for treatment . For all these reasons, the imposition of a mental
- health treatment condition was not clear or obvious error, if error at all . See Puckett , 556 U.S. at 135 . The judgment of the district court i s **AFFIRMED .**  Case: 22-40370 Document: 00516748645 Page: 2 Date Filed: 05/12/2023
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4578 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4578

 To amend title 23, United States Code, to allow vehicles operated by 
  members of the Armed Forces (including reserve components thereof) 
    serving on active duty and vehicles operated by law enforcement 
   officials to use high occupancy vehicle facilities, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 3, 2010

  Mr. Cantor introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
 To amend title 23, United States Code, to allow vehicles operated by 
  members of the Armed Forces (including reserve components thereof) 
    serving on active duty and vehicles operated by law enforcement 
   officials to use high occupancy vehicle facilities, and for other 
                               purposes.

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

SECTION 1. HIGH OCCUPANCY VEHICLE FACILITY USE.

    Section 166(b)(3) of title 23, United States Code, is amended--
            (1) in the heading by striking ``Public transportation'' 
        and inserting ``Certain authorized''; and
            (2) by inserting after ``may allow public transportation 
        vehicles'' the following: ``, vehicles operated by members of 
        the Armed Forces (including reserve components thereof) serving 
        on active duty, and vehicles operated by law enforcement 
        officials''.
                                 <all>
```
<PAGE>

                                                                      EXHIBIT 23

                      CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in the Registration Statement
(Forms S-8 No. 33-30217, No. 33-39638, No. 33-77332 and No. 33-75515)
pertaining to the Incentive and Non-Incentive Stock Option Plans and Employee
Stock Purchase Plan of Frontier Insurance Group, Inc. of our report dated
March 23, 2001, with respect to the consolidated financial statements and
schedules of Frontier Insurance Group, Inc. included in this Annual Report
(Form 10-K) for the year ended December 31, 2000.


                                                 /s/ JOHNSON LAMBERT & CO.


Bethesda, Maryland
April 30, 2001






<PAGE>


                      CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in the Registration Statement
(Forms S-8 No. 33-30217, No. 33-39638, No. 33-77332 and No. 33-75515)
pertaining to the Incentive and Non-Incentive Stock Option Plans and Employee
Stock Purchase Plan of Frontier Insurance Group, Inc. of our report dated
April 7, 2000, with respect to the consolidated financial statements and
schedules of Frontier Insurance Group, Inc. included in this Annual Report
(Form 10-K) for the year ended December 31, 1999.


                                                 /s/ Ernst & Young LLP


New York, New York
April 20, 2001
<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         0000881695
<NAME>                        Palomar Medical Technologies
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   SEP-30-1997
<CASH>                                          12,658,099
<SECURITIES>                                     2,432,375
<RECEIVABLES>                                   24,983,792
<ALLOWANCES>                                     7,580,000
<INVENTORY>                                     22,393,482
<CURRENT-ASSETS>                                59,791,278
<PP&E>                                          15,956,123
<DEPRECIATION>                                   4,559,942
<TOTAL-ASSETS>                                  79,036,651
<CURRENT-LIABILITIES>                           46,382,943
<BONDS>                                         18,974,067
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                            244
<COMMON>                                           397,506
<OTHER-SE>                                       8,132,962
<TOTAL-LIABILITY-AND-EQUITY>                    79,036,651
<SALES>                                         63,206,446
<TOTAL-REVENUES>                                63,206,446
<CGS>                                           62,311,152
<TOTAL-COSTS>                                   62,311,152
<OTHER-EXPENSES>                                 1,298,720
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                               4,640,276
<INCOME-PRETAX>                                (67,167,702)
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                            (67,167,702)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                   (67,167,702)
<EPS-PRIMARY>                                        (2.15)
<EPS-DILUTED>                                        (2.15)
        

</TABLE>
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

UNITED STATES OF AMERICA, : Case No. 3:18-cr-00018
Plaintiff, : District Judge Walter H. Rice
Magistrate Judge Sharon L. Ovington
vs.
EDGAR GARCIA RODRIGUEZ,

Defendant.

DECISION AND ENTRY

This matter came before the Court for hearing on March 19, 2018 before United States
Magistrate Judge Sharon L. Ovington, who thereafter issued a Report and Recommendations.
(Doc. #15). Having conducted a full colloquy with Defendant Edgar Garcia Rodriguez, the
Magistrate Judge concluded that Defendant's plea of guilty is knowing, intelligent, and
voluntary, and that there is an adequate factual basis for a finding of guilty as to Count I of the
Information.

The Court, noting that no Objections to the Report and Recommendations have been
filed and that the time for filing Objections has expired, hereby ADOPTS in full said Report
and Recommendations.

Therefore, based on the aforesaid, and this Court’s de novo review of the record and the
findings by the United States Magistrate Judge, this Court adopts the findings and

recommendations of the Magistrate Judge, and finds that Defendant Edgar Garcia


Rodriguez’s guilty plea was knowing, voluntary and intelligent. Defendant is FOUND
GUILTY as charged of the offense to which he pled—specifically, Count I of the
Information, as a previously removed alien found in the United States subsequent to a felony

conviction in violation of 8 U.S.C. §§ 1382(a) and (b)(1).

LK

Walter Herbert Rice
United States District Judge
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

1

IN THE MATTER OF: 1

i CASE No.

THE SEARCH AND SEIZURE 1

WARRANTS, APPLICATIONS, PEN j CHIEF MAGISTRATE JUDGE

REGISTERS, AND NON- \ ELIZABETH A. PRESTON-DEAVERS

DISCLOSURE ORDERS IN THE |

CASES LISTED IN ATTACHMENT |

A

FILED UNDER SEAL

ORDER TO UNSEAL

Upon the Motion ofthe United States Attorney and for good cause shown, it is

ORDERED that the Search and Seizure Warrants, Applications, Pen Registers, and NonDisclosure Orders and related documents in the cases listed in Attachment A in the above-entitled

matter, be unsealed.

Case: 2:17-mj-00713-KAJ Doc #: 10 Filed: 01/29/20 Page: 1 of 2 PAGEID #: 30
ATTACHMENT A:

2:17-l\/lJ-434 2:18-MJ-007 2:18-MJ-756 2:19-MJ-001 2:19-MJ-471

2:17-MJ-585 2;18-MJ-8 2:18-MJ-840 2;19-MJ-45 2:19-MJ-481

2;17-MJ-586 2:18-MJ-9 2:19-MJ-121 2:19-MJ-498

2:17-MJ-587 2:18-MJ-10 2:19-MJ-122 2:19-MJ-510

2:17-MJ-588 2:18-MJ-17 2:19-MJ-127 2:19-MJ-512

2:17-MJ-589 2;18-MJ-51 2:19-MJ-153 2:19-MJ-527

2:17-MJ-617 2:18-MJ-61 2:19-MJ-174 2:19-MJ-528

2:17-MJ-644 2:18-MJ-92 2:19-MJ-175 2:19-MJ-553

2:17-MJ-676 2:lS-MJ-205 2:19-MJ -191 2:19-MJ-560

2:17-MJ-677 2:18-MJ-213 2:19-MJ-255 2;19-MJ-561

2:17-MJ-678 2:18-MJ-232 2:19-MJ-265 2:19-MJ-562

2:17-MJ-679 2:18-MJ-326 2:19-MJ-266 2;19-MJ-563

2:17-MJ-696 2;18-MJ-355 2:19-MJ-272 2:19-MJ-564

2:17-MJ-713 2:18-MJ-379 2:19-MJ-273 2:19-MJ-570

2;17-MJ-714 2:18-MJ-397 2:19-MJ-276

2;17-MJ-715 2:18-MJ-398 2:19-MJ-290

2;17-MJ-747 2:18-MJ-404 2:19-MJ-291

2;17-MJ-758 2:18-MJ-411 2:19-MJ-320

2;17-MJ-759 2:18-MJ-429 2:19-MJ-348

2:17-MJ-761 2:18-MJ-434 2:19-MJ-349

2:17-MJ-762 2:18-MJ-460 2:19-MJ-379

2:17-MJ-782 2:18-MJ-498 2:19-MJ-414

2:17-MJ-791 2:18-MJ-512

2:18-MJ-515

2:18-MJ-532

2:19-MJ-460

Case: 2:17-mj-00713-KAJ Doc #: 10 Filed: 01/29/20 Page: 2 of 2 PAGEID #: 31
<PAGE>
                                                                               .
                                                                               .
                                                                               .
                                                                    EXHIBIT 21.1

<TABLE>
<CAPTION>
NAME OF SUBSIDIARY                                     JURISDICTION
------------------                                     ------------
<S>                                                    <C>
MCK Communications, Inc.                               Delaware
Clarent Canada Ltd.                                    Canada
NACT Telecommunications, Inc.                          Delaware
Telemate.Net Software, Inc.                            Georgia
Eltrax International, Inc.                             Pennsylvania
MCK Communications, Inc.                               Nevada
MCK Communications Ltd.                                United Kingdom
MCK Securities Corporation                             Massachusetts
DTI Holdings, Inc.                                     Texas
World Access U.K., Ltd.                                United Kingdom
NACT Ltd.                                              United Kingdom
Eltrax Holdings, AG                                    Switzerland
Eltrax (Australia) Pty. Ltd.                           Australia
MessageClick, Inc.                                     Delaware
MCK Communications, Inc.                               Canada
Digital Techniques, Inc.                               Texas
Eltrax Hospitality U.K. Ltd.                           United Kingdom
Shanghai BeTrue Infotech Co., Ltd.*                    China
</TABLE>

*  Unconsolidated Subsidiary.
EXHIBIT 32.2

SECTION 1350 CERTIFICATION OF CHIEF FINANCIAL OFFICER

I, Richard A. Waldron, Executive Vice President and Chief Financial
Officer of SciClone Pharmaceuticals, Inc. (the Registrant), do hereby certify in accordance with 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, based on my knowledge:



|(1) | the Quarterly Report on Form 10-Q of the Registrant, to which this certification is attached as an exhibit (the Report), fully complies with the requirements of
Section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m); and
|--- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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



|                       |  |  |  |                                                     
|---------------------- |  |  |  | ----------------------------------------------------
|Date: November 9, 2007 |  |  |  | /s/ Richard A. Waldron                              
|                       |  |  |  | Richard A. Waldron                                  
|                       |  |  |  | Executive Vice President and Chief Financial Officer

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 SciClone Pharmaceuticals, Inc. and will be
retained by SciClone Pharmaceuticals, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
III 

116TH CONGRESS 

2D SESSION S. RES. 654 

Designating July 25, 2020, as ‘‘National Day of the American Cowboy’’. 

IN THE SENATE OF THE UNITED STATES 

JULY 21, 2020 

Mr. ENZI (for himself, Mr. BARRASSO, Mr. TESTER, Ms. CORTEZ MASTO, Mr. 

MERKLEY, Mr. INHOFE, Mr. ROUNDS, Mr. HOEVEN, Mr. CRAPO, Mr. 

BENNET, and Mr. UDALL) submitted the following resolution; which was 

considered and agreed to 

RESOLUTION 

Designating July 25, 2020, as ‘‘National Day of the 

American Cowboy’’. 

Whereas pioneering men and women, recognized as ‘‘cowboys’’, helped to establish the American West; 

Whereas the cowboy embodies honesty, integrity, courage, 

compassion, respect, a strong work ethic, and patriotism; 

Whereas the cowboy spirit exemplifies strength of character, 

sound family values, and good common sense; 

Whereas the cowboy archetype transcends ethnicity, gender, 

geographic boundaries, and political affiliations; 

Whereas the cowboy, who lives off the land and works to protect and enhance the environment, is an excellent steward 

of the land and its creatures; 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•SRES 654 ATS 

Whereas cowboy traditions have been a part of American culture for generations; 

Whereas the cowboy continues to be an important part of the 

economy through the work of many thousands of ranchers across the United States who contribute to the economic well-being of every State; 

Whereas millions of fans watch professional and working 

ranch rodeo events annually, making rodeo one of the 

most-watched sports in the United States; 

Whereas membership and participation in rodeo and other organizations that promote and encompass the livelihood of 

cowboys span every generation and transcend race and 

gender; 

Whereas the cowboy is a central figure in literature, film, and 

music and occupies a central place in the public imagination; 

Whereas the cowboy is an American icon; and 

Whereas the ongoing contributions made by cowboys and 

cowgirls to their communities should be recognized and 

encouraged: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) designates July 25, 2020, as ‘‘National Day 

3 of the American Cowboy’’; and 

4 (2) encourages the people of the United States 

5 to observe the day with appropriate ceremonies and 

6 activities. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS
Exhibit
4(w)









February
19, 2010




Securities
and Exchange Commission


100 F.
Street, N.E.


Washington,
D.C. 20549





Subject:
            General
      Electric Capital Services, Inc. Annual Report on Form 10-K for the fiscal
      year ended December 31, 2009 – File No.
  000-14804





Dear
Sirs:




Neither
General Electric Capital Services, Inc. (the “Corporation”) nor any of its
subsidiaries has outstanding any instrument with respect to its long-term debt,
other than those filed as an exhibit to the Corporation’s Annual Report on Form
10-K for the fiscal year ended December 31, 2009, under which the total amount
of securities authorized exceeds 10% of the total assets of the registrant and
its subsidiaries on a consolidated basis. In accordance with
paragraph (b) (4) (iii) of Item 601 of Regulation S-K
(17 CFR §229.601), the Corporation hereby agrees to furnish to the
Securities and Exchange Commission, upon request, a copy of each instrument that
defines the rights of holders of such long-term debt not filed or incorporated
by reference as an exhibit to the Corporation’s Annual Report on Form 10-K for
the fiscal year ended December 31, 2009.




Very
truly yours,




GENERAL
ELECTRIC CAPITAL SERVICES, INC.














By:      /s/ Kathryn A.
Cassidy


Kathryn A. Cassidy


Senior Vice President Corporate
Treasury


and Global Funding
Operation
EXHIBIT 23

Consent of Independent Accountants


We consent to the  incorporation by reference in the registration  statements of
Stanley  Furniture  Company,  Inc.  on Form S-8 (File Nos.  33-58396,  33-67218,
33-58797 and  33-56721) of our report dated  January 22, 1999,  on our audits of
the financial  statements and financial  statement schedule of Stanley Furniture
Company,  Inc. as of December 31, 1998 and 1997, and for each of the three years
in the period ended  December 31, 1998,  which report is included in this Annual
Report on Form 10-K.






                                                     PricewaterhouseCoopers LLP



Richmond, Virginia
February 5, 1999