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UNPUBLISHED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. 00-4744

TROY SHELTON HALL,

Defendant-Appellant. 

Appeal from the United States District Court

for the Eastern District of North Carolina, at Raleigh.

Terrence W. Boyle, Chief District Judge.

(CR-99-190)

Submitted: January 31, 2002

Decided: February 11, 2002

Before MICHAEL and MOTZ, Circuit Judges, and

HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion. 

COUNSEL

Ronnie M. Mitchell, MITCHELL, BREWER, RICHARDSON,

ADAMS, BURNS & BOUGHMAN, Fayetteville, North Carolina, for

Appellant. John Stuart Bruce, United States Attorney, Anne M.

Hayes, Assistant United States Attorney, J. Frank Bradsher, Assistant

United States Attorney, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c). 

OPINION

PER CURIAM: 

Troy Shelton Hall appeals his conviction for distribution and possession with intent to distribute cocaine base, in violation of 21

U.S.C.A. § 841 (West 2000). Hall was sentenced to a term of 108

months imprisonment. On appeal, he contends that (1) the district

court impermissibly questioned him at trial, causing prejudice to the

defense, (2) the district court abused its discretion in overruling

Defendant’s objections to the form of certain questions, and (3) the

district court erroneously determined the drug quantity attributable to

him during sentencing. Because we find no reversible error, we

affirm. 

Hall failed to object at trial to the district court’s questions. Therefore, any challenge is waived except in the "limited exception" where

the trial court’s questions were so prejudicial as to deny the defendant

a fair and impartial trial. United States v. Gastiaburo, 16 F.3d 582,

589-90 (4th Cir. 1994); Stillman v. Norfolk & W. Ry. Co., 811 F.2d

834, 839 (4th Cir. 1987). Hall has failed to show this level of prejudice. Hall also challenges several questions as leading and argumentative. We review a district court’s rulings as to the form of questions

for a clear abuse of discretion and will not overturn such decisions

absent prejudice or clear injustice to the litigant. United States v. Durham, 319 F.2d 590, 592 (4th Cir. 1963). Hall has not demonstrated

prejudice here. 

Hall also claims that the district court erroneously determined his

sentence using hearsay testimony in calculating drug quantities. However, reliable hearsay may be considered by sentencing judges in

determining relevant facts. United States v. Bowman, 926 F.2d 380,

381 (4th Cir. 1991). Moreover, we note that the district court properly

applied a preponderance standard in assessing all evidence bearing on

drug quantity. See United States v. Crump, 120 F.3d 462, 468 (4th

2 UNITED STATES v. HALL
Cir. 1997). We therefore affirm the conviction and sentence. 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

UNITED STATES v. HALL 3
``

**AJ.
        ROBBINS, P.C.**
 **216
        SIXTEENTH STREET**
 **SUITE
        600**
 **DENVER,
        COLORADO 80206**
 
  
  
  
  **Consent
        of Independent Registered Public Accounting Firm**
  
  To
        The
        Board of Directors and Stockholders of
 Cyberdefender
        Corporation
 Los
        Angeles, California
 
 We
        hereby
        consent to the inclusion and use in the Registration Statement on form S-8
        of
        Cyberdefender Corporation of our report dated March 29, 2007 relating to
        the
        financial statements of Cyberdefender Corporati on
        for
        the year ended December 31, 2006.
  
  /s/
        AJ.
        Robbins, P.C.
  
 **AJ** . **ROBBINS,
        P.C.**
 **CERTIFIED
        PUBLIC ACCOUNTANTS**
 
 
 
 
 Denver
        Colorado
 April
        14,
        2008
1

The Honorable Robert T. Dawson, United States District Judge for the Western

District of Arkansas. 

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 06-1724

___________

David A. Smith; Gladys H. Smith, *

*

Appellants, *

* Appeal from the United States

v. * District Court for the

* Western District of Arkansas.

Union Carbide Corporation, *

* [UNPUBLISHED]

Appellee. *

___________

Submitted: February 7, 2007

 Filed: March 26, 2007

___________

Before WOLLMAN, MURPHY, and BYE, Circuit Judges.

___________

PER CURIAM.

David A. Smith and Gladys H. Smith (the Smiths) appeal from the district

court’s1

 grant of summary judgment in favor of Union Carbide Corporation (Union

Carbide) in this diversity action. The district court held that the Smiths’ action for

breach of contract was time-barred. Upon de novo review, see Garner v. Arvin Indus.,

Inc., 77 F.3d 255, 257 (8th Cir. 1996), we affirm.
-2-

The Smiths leased the surface estate of their land to Union Carbide in 1979.

They sued in Arkansas state court on July 7, 2004, alleging that Union Carbide

breached the lease by removing “approximately 34,000 cubic yards of top soil.”

Union Carbide removed the action to the district court.

Arkansas’ five-year statute of limitations on actions to enforce written contracts

“begins to run when the breach occurs.” Highland Indus. Park, Inc. v. BEI Def. Sys.

Co., 357 F.3d 794, 798 (8th Cir. 2004) (citing Ark. Code Ann. § 16-56-111(a)

(establishing five-year statute of limitations)). We agree with the district court that

the Smiths’ cause of action accrued by April 1997, when the Smiths’ previous counsel

sent a demand letter alleging that 34,050 cubic yards of soil had been removed from

their property and threatening suit if Union Carbide rejected their settlement demands.

We further agree with the district court that the statute of limitations was not tolled

pending the expiration of the lease. See Zufari v. Architecture Plus, 914 S.W.2d 756,

761 (Ark. 1996) (cause of action accrued when government agency rejected

architectural firm’s design even though the firm subsequently “attempted to mitigate

and correct the breach”). We also reject the Smiths’ argument that there is a factual

dispute concerning whether the breach occurred when Union Carbide removed the

topsoil or when Union Carbide failed to restore the property before the lease expired

in 1999. That argument is inconsistent the Smiths’ own conduct in sending a demand

letter and threatening suit, thereby indicating they regarded the topsoil removal as a

breach at the time it occurred. See Wynn v. Sklar & Phillips Oil Co., 493 S.W.2d 439,

445 (Ark. 1973) (in determining “the intention of the parties” to a contract, a court

may “accord considerable weight to . . . subsequent statements, acts and conduct”).

Accordingly, we conclude that the Smiths’ action was time-barred, as they failed to

bring suit within five years of the alleged breach. 

The judgment of the district court is affirmed. See 8th Cir. R. 47B.

______________________________
I 

118TH CONGRESS 

1ST SESSION H. R. 6883 

To amend the Higher Education Act of 1965 to require institutions of 

higher education to track and record additional information on hate 

crimes, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 22, 2023 

Mr. ESPAILLAT (for himself and Mrs. WATSON COLEMAN) introduced the following bill; which was referred to the Committee on Education and the 

Workforce 

A BILL 

To amend the Higher Education Act of 1965 to require 

institutions of higher education to track and record additional information on hate crimes, and for other purposes. 

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 ‘‘Combating Hate 

5 Across Campus Act’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 6883 IH

1 SEC. 2. DISCLOSURE OF CAMPUS SECURITY POLICY AND 

2 CAMPUS CRIME STATISTICS. 

3 Section 485(f)(1)(F)(ii) of the Higher Education Act 

4 of 1965 (20 U.S.C. 1092(f)(1)(F)(ii)) is amended by strik5 ing ‘‘which data shall be collected and reported according 

6 to category of prejudice; and’’ and inserting ‘‘which data 

7 shall— 

8 ‘‘(I) be collected and reported ac9 cording to category of prejudice; and 

10 ‘‘(II) disaggregated by subcat11 egories based on the identity of the 

12 targeted individual or group, includ13 ing— 

14 ‘‘(aa) anti-Semitism; 

15 ‘‘(bb) Islamophobia; 

16 ‘‘(cc) homophobia; 

17 ‘‘(dd) biphobia; 

18 ‘‘(ee) transphobia; 

19 ‘‘(ff) disability bias; 

20 ‘‘(gg) in the case of an ac21 tion targeting a particular ethnic 

22 group, the identity of the ethnic 

23 group; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•HR 6883 IH

1 ‘‘(hh) such other subcat2 egories as the Secretary deter3 mines appropriate; and’’. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
|   | (i)    | the      Annual Report on Form 10-KSB of the Company, for the fiscal year ended May      31, 2008, and to which this certification is attached as Exhibit 32.1 (the      “Report”) fully complies with the requirements of Section 13(a) or 15(d)      of the Securities Exchange Act of 1934, as amended; 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/      Andrew Jarvis                                                                               |
|--------|--------|------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                       |
|   | Name:  | ANDREW      JARVIS                                                                                         |
|   |   |                                                                                                       |
|   | Title: | President,      Secretary and Treasurer (Principal Executive Officer and Principal      Financial Officer) |
|   |   |                                                                                                       |
|   | Date:  | September      8, 2008                                                                                     |
CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                            (18 U.S.C. SECTION 1350)


     In  connection  with  the  accompanying  Quarterly  Report  of  Concierge
Technologies, Inc. (the "Company") on Form 10-QSB for the period ended March 31,
2004  (the  "Report"), I, Allen E. Kahn, Chief Financial Officer of the Company,
hereby  certify  that  to  my  knowledge:

     (1)     The Report fully complies with the requirements of Section 13(a) or
15(d)  of  the  Securities Exchange Act of 1934 (15 U.S.C.  78m or  78o(d)); and

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

Dated:  May  13,  2004
                              /s/  Allen  E.  Kahn
                              --------------------------------------------------
                              Allen  E.  Kahn
                              Chief  Financial  Officer


     The  above certification is furnished solely pursuant to Section 906 of the
Sarbanes-Oxley  Act  of 2002 (18 U.S.C.  1350) and is not being filed as part of
the  Form  10-QSB  or  as  a  separate  disclosure  document.












                                                                    Exhibit 32.1
                                                                Page 1 of 1 Page
EXHIBIT
3.2.2


AMENDMENT


TO


BYLAWS


OF


CYBERDEFENDER
CORPORATION




The
following paragraph shall be added to Article VIII, Section 1 of the
corporation’s bylaws:





“Notwithstanding
the foregoing, the board of directors of the corporation may provide by
resolution or resolutions that some or all of any or all classes or series of
its shares shall be uncertificated shares.  Any such resolution shall
not apply to shares represented by a certificate until such certificate is
surrendered to the corporation.”






Effective
      Date:  March 22, 2010
            By:
            /s/ Igor
      BarashIgor
      Barash
              Secretary
#### Wm. H. Lyon *et at.,*App’lts, v. James M. Davis *et al.,*Resp’ts.

*John B. Green,*for app’lts; *H. H. Hustis,*for resp’ts.

Judgment affirmed, with costs. All concur.

Affirming 32 N. Y. State Rep., 340.
#### UNITED STATES of America, Plaintiff-Appellee, v. Richard Sullivan BENAVENTE, Defendant-Appellant.

No. 16-10092

United States Court of Appeals, Ninth Circuit.

Submitted October 12, 2017 * U. of Hawaii Manoa

Filed October 23, 2017

Garth R, Backe, Assistant U.S. Attorney, USNMI—Office of the US Attorney, Saipan, MP, Ross K. Naughton, USSAC— Office of the US Attorney, Sacramento, CA, for Plaintiff-Appellee

Michael W. Dotts, Esquire, Attorney, O’Connor Berman Dotts & Banes, Saipan, MP, for Defendant-Appellant

Before: SCHROEDER, D.W. NELSON, and McKEOWN, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R. App. F. 34(a)(2).

*679MEMORANDUM **

Richard S. Benavente appeals the substantive reasonableness of his prison sentence for Sexual Exploitation of Children in violation of 18 U.S.C. § 2251(a) and (e), and the application of a two-level sentencing enhancement for obstruction of justice under U.S.S.G. § 3C1.1. We have jurisdiction under 28 U.S.C. § 1291. We affirm.

The district court did not abuse its discretion in imposing a two-level sentencing enhancement. *See United States v.*Gasca-*Ruiz,*852 F.3d 1167, 1169-70 (9th Cir. 2017) (en banc). The court concluded that Benavente obstructed justice by making false statements to the government and violating his plea agreement by testifying falsely at the trial of Raymond Roberto. “[V]iolation of a plea bargain warrants a sentence enhancement for obstruction of justice.” *United States v. Acuna,*9 F.3d 1442, 1446 (9th Cir. 1993).

Nor was Benavente’s sentence substantively unreasonable. Benavente’s 360-month sentence was within the guidelines range of 292 to 365 months. Within-guidelines sentences are presumed reasonable. *Rita v. United States,*551 U.S. 338, 341, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007). The court sentenced Benavente to the statutory maximum after explaining that Be-navente had enticed or coerced at least two minor girls into sexual activity repeatedly in exchange for drugs, and had violated his plea agreement.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
No: 04-16-00286-CV

IN THE COURT OF APPEALS FOR

THE FOURTH DISTRICT OF TEXAS

SITTING AT SAN ANTONIO

MARGARET LANDEN SAKS and PHILIP M. ROSS, 

Appellants,

V.

MARCUS P. ROGERS, A. CHRIS

HEINRICHS, J. BARRETT SHIPP and

HEINRICHS & DE GENNARO, P.C.,

Appellees.

 

On Appeal from

 Probate Court No. One, Bexar County, Texas

Honorable Kelly Cross, presiding

Trial Court Cause No. 2011-PC-3466-B

CERTIFICATE OF CONFERENCE

TO THE HONORABLE JUSTICES OF THE FOURTH COURT OF APPEALS:

COMES NOW, MARGARET LANDEN SAKS (“Landen”) and the

undersigned counsel, (“Appellants”), by and through undersigned counsel, and file

this certificate of conference, and in support thereof would show: 

1

ACCEPTED

04-16-00286-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

10/11/2016 4:06:35 PM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 10/11/2016 4:06:35 PM KEITH E. HOTTLE Clerk
On or about October 10, 2016, the attorneys for the parties conferred

regarding Appellants’ motion for leave to file their amended docketing statement

and supplement to Appellants’ brief. There was no objection to Appellants’

motion for leave to file their amended docketing statement and supplement to

Appellants’ brief.

Respectfully submitted,

Philip M. Ross

SBN 17304200

1006 Holbrook Road

San Antonio, Texas 78218

Phone: 210/326-2100

Email: ross_law@hotmail.com

 By: /s/ Philip M. Ross 

 Philip M. Ross

 Attorney for Margaret Landen Saks

CERTIFICATE OF CONFERENCE

I hereby certify that I conferred with attorneys Michael B. Johnson and

Royal B. Lea, III, attorneys for the Defendants by email by agreement on October

10, 2016, and there was on objection to Appellants’ motion for leave to file their

amended docketing statement and supplement to Appellants’ brief.

/s/ Philip M. Ross 

Philip M. Ross

2
CERTIFICATE OF SERVICE

I hereby certify that this document was served on attorneys Michael B. 

Johnson, Mark Nawfal and Royal B. Lea, III, attorneys for the Defendants by 

email by agreement on October 11, 2016.

/s/ Philip M. Ross 

Philip M. Ross

3
# Official Journal C 54/2014

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2014.054.eng |
| --- | --- |
| Official Journal
  of the European Union | C 54 |
| | |
| English edition | Information and Notices | Volume 5725 February 2014 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2014.054.eng

Official Journal

of the European Union

C 54

English edition

Information and Notices

Volume 5725 February 2014

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2014/C 054/01 | Six-monthly Progress Report on the implementation of the EU Strategy against the proliferation of weapons of mass destruction (2013/II) | 1 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2014/C 054/01

Six-monthly Progress Report on the implementation of the EU Strategy against the proliferation of weapons of mass destruction (2013/II)

1

---

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

EN
1242265-R8 SDMS 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 8 

X<^ar^ :| 1595 V(/ynkoop Street 

DENVER, CO 80202-1129 

' Phone 800-227-8917 

http:/Awww.epa.gov/region08 

Februar)' 17, 2010 

Ref: 8EPR-SR 

Levi Todd 

Pacific Western Technologies, LTD. 

11049 W. 44'" Ave. Suite 200 

Wheat Ridge, Colorado. 80033 

Dear Levi, • 

I'His letter is written to inform you that Region 8 EPA accepts your Final Remedial Action 

Report for the Arkansas Valley Smelter and Colorado Zinc Lead Mill portion of Operable Unit 5 

of the Califomia Gulch Superfiind site in Leadville, Colorado. 

The letter serves as notification diat all work is complete and acceptable on this project, Work 

Assignment No.: 009-RARA-0829. 

Jtan Christensen, 

Remedial Project Manager 

® Printed on Recycled Paper
EX PARTE Steven E. MAYHALL

CR-16-0118

Court of Criminal Appeals of Alabama.

April 5, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Mand. pet. dismissed.
```

[Federal Register Volume 79, Number 160 (Tuesday, August 19, 2014)]
[Notices]
[Page 49145]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19692]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Seventy Ninth Meeting: RTCA Special Committee 147, Minimum 
Operational Performance Standards for Traffic Alert and Collision 
Avoidance Systems Airborne Equipment

AGENCY: Federal Aviation Administration (FAA), U.S. Department of 
Transportation (DOT).

ACTION: Meeting Notice of RTCA Special Committee 147, Minimum 
Operational Performance Standards for Traffic Alert and Collision 
Avoidance Systems Airborne Equipment.

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

SUMMARY: The FAA is issuing this notice to advise the public of the 
Seventy Nineth meeting of RTCA Special Committee 147, Minimum 
Operational Performance Standards for Traffic Alert and Collision 
Avoidance Systems Airborne Equipment.

DATES: The meeting will be held September 11th, 2014, from 9:00 a.m. to 
5:00 p.m.

ADDRESS: The meeting will be held at 1150 18th St. NW., Suite 910 
Washington, DC 20036

FOR FURTHER INFORMATION CONTACT: The RTCA Secretariat, 1150 18th Street 
NW., Suite 910, Washington, DC 20036, or by telephone at (202) 833-
9339, fax at (202) 833-9434, or Web site at http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a) (2) of the Federal 
Advisory Committee Act (Pub. L. No. 92-463, 5 U.S.C., App.), notice is 
hereby given for a meeting of Special Committee 147. The agenda will 
include the following:

September 11

 Opening Plenary Session
    [cir] Chairmen's Opening Remarks/Introductions
    [cir] Approval of Summary from 78th meeting of SC-147
    [cir] Approval of Agenda
 Report from WG-75
 Review of ISRA deliverable for SC 228
 EUROCONTROL Report
 Report from WG-1 (Surveillance and Tracking)
 Report from WG-2 (Threat Resolution)
    [cir] Threat Resolution
    [cir] Xo sub group
    [cir] Safety sub-group
 Review of the Software Development Agreement
 Coordination Stress Testing
 Operational Team Updates
 Review of Decisions
    [cir] Use of ADS-B Only targets
 Additional business/Overflow if time permits
    [cir] Solicitation of vendor data for SWG/TOO analysis
 Closing Session
    [cir] Next Meeting Location
    [cir] Action Item review
    [cir] End Meeting

    Attendance is open to the interested public but limited to space 
availability. With the approval of the chairman, members of the public 
may present oral statements at the meeting. Persons wishing to present 
statements or obtain information should contact the person listed in 
the FOR FURTHER INFORMATION CONTACT section. Members of the public may 
present a written statement to the committee at any time.

    Issued in Washington, DC, on August 14, 2014.
Mohannad Dawoud,
Management Analyst, NextGen, Business Operations Group, Federal 
Aviation Administration.
[FR Doc. 2014-19692 Filed 8-18-14; 8:45 am]
BILLING CODE 4910-13-P
```