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this opinion should not be published and is not precedent except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.

United States Court of Appeals

Fifth Circuit

FILED

October 5, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-30761

Summary Calendar

 

UNITED STATES OF AMERICA, 

 

 Plaintiff-Appellee, 

versus

 

SHAWN JOSHUA JOHNSON, also known as Shawn Johnson,

 

 Defendant-Appellant. 

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

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. 2:04-CR-47-ALL

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

Before BARKSDALE, STEWART, and CLEMENT, Circuit Judges.

PER CURIAM:*

Shawn Joshua Johnson appeals the 63-month sentence he

received following his guilty-plea conviction for violating the

Federal Gun Control Act. He renews his argument, preserved in

the district court, that his constitutional rights were violated

when the district court assessed a two-level enhancement,

pursuant to U.S.S.G. § 3C1.1 (obstruction of justice), based on

judicially determined facts, citing Blakely v. Washington, 542

U.S. 296 (2004).
No. 04-30761

-2-

Pursuant to the recent decision in United States v. Booker,

125 S. Ct. 738, 756 (2005), for sentencing errors preserved in

the district court, “we will ordinarily vacate the sentence and

remand,” unless the error is harmless. United States v. Pineiro,

410 F.3d 282, 284 (5th Cir. 2005). The two-level enhancement

here violated Johnson’s Sixth Amendment right to trial by jury. 

See Booker, 125 S. Ct. at 756. Given the district court’s

statements at sentencing, the Government cannot carry its burden

of demonstrating beyond a reasonable doubt “that the district

court would have imposed the same sentence absent the error.” 

Pineiro, 410 F.3d at 286. 

Johnson’s sentence is vacated, and this case is remanded for

resentencing. See Pineiro, 410 F.3d at 284.

SENTENCE VACATED AND REMANDED FOR RESENTENCING.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
REPORT ON FORM 10-Q OF BAYNET, LTD FOR THE QUARTER ENDED MARCH 31, 2000
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH REPORT.
</LEGEND>
<MULTIPLIER>                                      1000
<CURRENCY> AUSTRALIAN DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-END>                               MAR-31-2000
<EXCHANGE-RATE>                                  .6071
<CASH>                                               8
<SECURITIES>                                     4,115
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     8
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                   4,124
<CURRENT-LIABILITIES>                              346
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                      25,155
<TOTAL-LIABILITY-AND-EQUITY>                     4,124
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                   172
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  73
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (245)
<EPS-BASIC>                                      (.02)
<EPS-DILUTED>                                        0


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


<ARTICLE>         5
<LEGEND>
                  This schedule contains summary financial information extracted
                  from Synaptix Systems Corporation September 30, 1998 financial
                  statements  and is  qualified  in its entirety by reference to
                  such financial statements.
</LEGEND>

<CIK>                             0000817125
<NAME>                            Synaptix Systems Corporation

       

<S>                                 <C>
<PERIOD-TYPE>                        3-MOS
<FISCAL-YEAR-END>                    JUN-30-1999
<PERIOD-END>                         SEP-30-1998

<CASH>                                          1,542
<SECURITIES>                                    0
<RECEIVABLES>                                   20,000
<ALLOWANCES>                                    0
<INVENTORY>                                     0
<CURRENT-ASSETS>                                22,872
<PP&E>                                          36,799
<DEPRECIATION>                                  (2,613)
<TOTAL-ASSETS>                                  57,058
<CURRENT-LIABILITIES>                           532,641
<BONDS>                                         0
<PREFERRED-MANDATORY>                           0
<PREFERRED>                                     0
<COMMON>                                        43,450
<OTHER-SE>                                      (682,033)
<TOTAL-LIABILITY-AND-EQUITY>                    57,058
<SALES>                                         0
<TOTAL-REVENUES>                                0
<CGS>                                           0
<TOTAL-COSTS>                                   0
<OTHER-EXPENSES>                                186,044
<LOSS-PROVISION>                                0
<INTEREST-EXPENSE>                              651
<INCOME-PRETAX>                                 (186,044)
<INCOME-TAX>                                    0
<INCOME-CONTINUING>                             (186,044)
<DISCONTINUED>                                  0
<EXTRAORDINARY>                                 0
<CHANGES>                                       0
<NET-INCOME>                                    (186,044)
<EPS-PRIMARY>                                   (.01)
<EPS-DILUTED>                                   (.01)
        


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

<ARTICLE> 5
<CIK> 0000815278
<NAME> CHRISKEN PARTNERS CASH INCOME FUND
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<EXCHANGE-RATE>                                      1
<CASH>                                         817,532
<SECURITIES>                                         0
<RECEIVABLES>                                   41,982
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               889,241
<PP&E>                                      11,556,336
<DEPRECIATION>                               1,705,284
<TOTAL-ASSETS>                              12,445,577
<CURRENT-LIABILITIES>                          454,751
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  11,990,826
<TOTAL-LIABILITY-AND-EQUITY>                12,445,577
<SALES>                                        636,053
<TOTAL-REVENUES>                               679,175
<CGS>                                                0
<TOTAL-COSTS>                                  458,809
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                220,366
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            220,366
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   220,366
<EPS-PRIMARY>                                     5.37
<EPS-DILUTED>                                     5.37
        

</TABLE>
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

PENNSYLVANIA RESTAURANT AND 

LODGING ASSOCIATION, STORMS 

RESTAURANT AND CATERING, LLC 

D/B/A STORMS RESTAURANT, 

LAWRENCEVILLE BREWERY, INC., 

D/B/A THE CHURCH BREW WORKS, 

1215 INCORPORATED, D/B/A RITA'S 

ITALIAN ICE, DIRT DOCTORS 

CLEANING SERVICE LLC, AND 

MODERN CAFE INC.

v.

CITY OF PITTSBURGH

v.

SERVICE EMPLOYEES 

INTERNATIONAL UNION LOCAL 32 BJ

PETITION OF: CITY OF PITTSBURGH

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

No. 238 WAL 2017

Petition for Allowance of Appeal from 

the Order of the Commonwealth Court

PENNSYLVANIA RESTAURANT AND 

LODGING ASSOCIATION, STORMS 

RESTAURANT AND CATERING LLC 

D/B/A STORMS RESTAURANT, 

LAWRENCEVILLE BREWERY INC. D/B/A 

THE CHURCH BREW WORKS, 1215 

INCORPORATED, D/B/A RITA'S ITALIAN 

ICE, DIRT DOCTORS CLEANING 

SERVICE LLC, AND MODERN CAFE 

INC.

v.

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

No. 239 WAL 2017

Petition for Allowance of Appeal from 

the Order of the Commonwealth Court
[238 WAL 2017 and 239 WAL 2017] - 2

CITY OF PITTSBURGH, COUNCIL OF 

THE CITY OF PITTSBURGH, AND 

WILLIAM PEDUTO, AND SERVICE 

EMPLOYEES INTERNATIONAL UNION 

LOCAL 32 BJ

PETITION OF: CITY OF PITTSBURGH, 

COUNCIL OF THE CITY OF 

PITTSBURGH, AND WILLIAM PEDUTO

:

:

:

:

:

:

:

:

:

:

ORDER

PER CURIAM

AND NOW, this 29th day of November, 2017, the Petitions for Allowance of 

Appeal are GRANTED, limited to the issue set forth below. Allocatur is DENIED as to 

all other issues.

The issue, rephrased for clarity, is as follows:

Did the Commonwealth Court err in holding that the State Emergency 

Management Services Code, the State Disease Prevention and Control 

Act Law, the Second Class City Code, and the Home Rule Charter and 

Options Law failed to satisfy the “expressly provided by statute” exception, 

and that the City of Pittsburgh therefore lacked the authority to pass the 

Paid Sick Days Act and the Safe and Secure Buildings Act?

The appeals from Nos. 227-230 WAL 2017 and Nos. 236-239 WAL 2017 are 

hereby CONSOLIDATED for briefing and oral argument.

A True Copy Patricia Nicola

As Of 11/29/2017

 

 

 

Attest: ___________________

Chief Clerk

Supreme Court of Pennsylvania
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IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 20-0220

STATE OF MONTANA,

Plaintiff and Appellee,

v.

PAUL RUSSELL SMITH,

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 January 14, 2022, within which to prepare, file, 

and serve Appellant’s opening brief on appeal.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

November 8 2021

11/08/2021

Case Number: DA 20-0220
No. 11-10292.

#### Grimaldo *v.*United States.

C. A. 5th Cir. Certiorari denied.
No. 11-10313.

#### Smith *v.*United States.

C. A. 6th Cir. Cer-tiorari denied.
<PAGE>

                                                                    Exhibit 99.1

================================================================================

Press Release                                                   [LOGO]
                                                                BJ SERVICES
Contact:     Mike McShane (713) 462-4239

Release:     Immediately
================================================================================

                  BJ SERVICES COMPANY ANNOUNCES PROPOSED SALE

                          OF SENIOR CONVERTIBLE NOTES

Houston, Texas. April 18, 2002. BJ Services Company (BJS-NYSE, CBOE, PCX) today
announced that it will commence an offer to sell senior convertible notes for
gross proceeds of approximately $355,000,000 with an over-allotment option of up
to 15%. The notes will be unsecured senior obligations that will rank equally in
right of payment with all of the Company's existing and future senior unsecured
indebtedness. BJ Services intends to use the net proceeds of the offering to
fund its recently announced proposed acquisition of OSCA, Inc. and for general
corporate purposes.

The notes will be convertible into shares of BJ Services' common stock when the
shares' market price reaches specified thresholds. The notes cannot be called
for three years after issuance and will mature in 20 years. Holders can require
BJ Services to repurchase the notes on specified dates (the first of which is
three years after issuance) and upon the occurrence of specified change in
control events.

The notes have not been registered under the Securities Act of 1933 and may not
be offered or sold in the United States absent registration or an applicable
exemption from registration requirements.

This news release does not constitute an offer to sell or the solicitation of an
offer to buy these securities. The notes may be offered only by means of a
confidential offering memorandum.

BJ Services Company is a leading provider of pressure pumping and other oilfield
services to the petroleum industry.

                                  **********

             (NOT INTENDED FOR DISTRIBUTION TO BENEFICIAL OWNERS)
#### UNITED STATES of America, Plaintiff-Appellee, v. Eric Leroy BYRD, Defendant-Appellant.

No. 17-7120

United States Court of Appeals, Fourth Circuit.

Submitted: January 18, 2018

Decided: March 5, 2018

Amended: March 6, 2018

*234Eric Leroy Byrd; Appellant Pro Se. Ellen Elisabeth Cobb, Baltimore, Maryland, David Ira Salem, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Greenbelt, Maryland, for Appellee.

Before TRAXLER, AGEE, and HARRIS, Circuit Judges.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Eric Leroy Byrd seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2258(c)(1)(B) (2012). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *see Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. *Slack,*529 U.S. at 484-85, 120 S.Ct. 1595.

We have independently reviewed the record and conclude that Byrd has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*DISMISSED*
I 

116TH CONGRESS 

2D SESSION H. R. 8364 

To direct the Secretary of Veterans Affairs to automate third-party health 

insurance billings and collections of the Department of Veterans Affairs. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 23, 2020 

Mr. STEUBE introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

A BILL 

To direct the Secretary of Veterans Affairs to automate 

third-party health insurance billings and collections of 

the Department of Veterans Affairs. 

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 ‘‘VA Fiscal Responsi5 bility Act’’. 

6 SEC. 2. THIRD-PARTY BILLINGS AND COLLECTIONS PROCE7 DURES OF DEPARTMENT OF VETERANS AF8 FAIRS. 

9 (a) FINDINGS.—Congress finds the following: 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 8364 IH

1 (1) A large number of third-party health bil2 lings by the Department of Veterans Affairs go un3 collected each year. 

4 (2) Procedures to provide for correct billing and 

5 prompt collection must improve at the Department. 

6 (3) Congress has urged the Department to im7 prove its systems for the collection of third-party 

8 payments that are owed to the Department for non9 service-connected care for veterans. 

10 (4) It is important for the Department to in11 crease collections of payments that are rightfully 

12 owed to the United States. 

13 (5) A comprehensive solution to the fee care 

14 issue is necessary to realize full collection potential. 

15 (b) USE OF AUTOMATED TECHNOLOGY.— 

16 (1) REQUIREMENT.—The Secretary of Veterans 

17 Affairs shall automate the collection of outstanding, 

18 overdue, and not fully paid third-party health insur19 ance claims, regardless of the amount owed under 

20 any single claim. 

21 (2) CONTRACT AUTHORITY.—The Secretary 

22 shall seek to enter into a contract using competitive 

23 procedures to provide the capability described in 

24 paragraph (1). The Secretary shall award such a 

25 contract from among contractors that the Secretary 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 8364 IH

1 determines have proven expertise and documented 

2 success in the private sector through the use of 

3 automated small-balance recovery and appeal proc4 esses. 

5 (3) THIRD-PARTY HEALTH INSURANCE

6 CLAIMS.—In this section, the term ‘‘third-party 

7 health insurance claims’’ means claims made by the 

8 Secretary of Veterans Affairs to recover amounts 

9 from third parties pursuant to sections 1725 and 

10 1729 of title 38, United States Code, and other 

11 similar provisions of law. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS
##### 



Exhibit 31.1
  CERTIFICATION
    PURSUANT TO
    18 U.S.C. SECTION 1350,
    AS ADOPTED PURSUANT TO
    SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
    1.
    I have reviewed this Quarterly Report on
    Form 10-Q
    of Loral Space & Communications Inc.;2.
    Based on my knowledge, this report does not contain any untrue
    statement of a material fact or omit to state a material fact
    necessary to make the statements made, in light of the
    circumstances under which such statements were made, not
    misleading with respect to the period covered by this report;3.
    Based on my knowledge, the financial statements, and other
    financial information included in this report, fairly present in
    all material respects the financial condition, results of
    operations and cash flows of the registrant as of, and for, the
    periods presented in this report;4.
    The registrants other certifying officer(s) and I are
    responsible for establishing and maintaining disclosure controls
    and procedures (as defined in Exchange Act
    Rules 13a-15(e)
    and
    15d-15(e))
    and internal control over financial reporting (as defined in
    Exchange Act
    Rules 13a-15(f)
    and
    15d-15(f))
    for the registrant and have:          5.
    The registrants other certifying officer(s) and I have
    disclosed, based on our most recent evaluation of internal
    control over financial reporting, to the registrants
    auditors and the audit committee of the registrants board
    of directors (or persons performing the equivalent functions):      Michael
    B. Targoff
     Chief Executive Officer
<PAGE>

                                                                    EXHIBIT 10.5

                          VAN MATRE AND HARRISON, P.C.
                           A PROFESSIONAL CORPORATION
                         ATTORNEYS AND COUNSELORS AT LAW
                          1103 EAST BROADWAY, SUITE 101
                              POST OFFICE BOX 1017
                            COLUMBIA, MISSOURI 65201

                                October 29, 2004

Via Facsimile
Barry Glazer
Robbins, Salomon & Patt, Ltd.
25 East Washington Street
Chicago, IL  60602

      Re:   Sale of Gold Coast Storage to Warburg-StorageMart Partners,
            L.P./Property Located at 1015 N. Halsted, Chicago, IL

Dear Barry:

      This will confirm the agreement we made in our telephone conversation of
this date concerning the extension of the Investigation Period under the Real
Estate Purchase Agreement between our clients dated September 14, 2004.

      The agreement we made was to extend the Investigation Period until 5:00 pm
on Tuesday November 1, 2004, and to extend the deadline for the additional
earnest money to 5:00 pm on November 2, 2004.

      Please sign below to evidence your agreement and fax me back a fully
signed copy of this letter.

      Thank you for your attention to this.

                                            VAN MATRE AND HARRISON, P.C.

                                       By: /s/ Thomas M. Harrison
                                           -----------------------------------
                                           Thomas M. Harrison

<PAGE>
VAN MATRE AND HARRISON, P.C.
Barry Glazer
October 29, 2004
Page 2

The foregoing has agreed to this the 29th day of October, 2004

TMH/cpc                                By: /s/ Barry Glazer, Attorney for Seller
                                           -------------------------------------
                                           BARRY GLAZER