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

United States Court of Appeals

Tenth Circuit

September 11, 2012

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff - Appellee, No. 12-2038

v. (D. New Mexico)

ROBERT SANCHEZ,

Defendant - Appellant.

(D.C. No. 1:10-CR-03449-JB-1)

ORDER AND JUDGMENT*

Before MURPHY, ANDERSON, and HARTZ, Circuit Judges.

Defendant Robert Sanchez pleaded guilty to one count of possession with

intent to distribute 100 grams or more of heroin, one count of being a felon in

possession of a firearm, and one count of possessing a firearm in furtherance of a

drug trafficking crime. The minimum sentence for the felon-in-possession count

was 180 months’ imprisonment, and the mandatory sentence for the other firearm

count was 60 months, to run consecutively to the sentences on the other counts. 

*

After examining the briefs and appellate record, this panel has determined

unanimously to honor the parties’ request for a decision on the briefs without oral

argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore

ordered submitted without oral argument. This order and judgment is not binding

precedent except under the doctrines of law of the case, res judicata, and

collateral estoppel. It may be cited, however, for its persuasive value consistent

with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. 
The undisputed sentencing guideline range was 322 to 387 months’ imprisonment. 

The district court varied downward to impose a sentence of 292 months.

The only challenge on appeal is that the sentence was substantively

unreasonable. Because the sentence was below the guidelines range, we presume

that the sentence was not unreasonably long. See United States v. Balbin-Mesa,

643 F.3d 783, 788 (10th Cir. 2011). Defendant has not persuaded us that the

presumption has been overcome. Therefore, we AFFIRM the sentence.

ENTERED FOR THE COURT

Harris L Hartz

Circuit Judge

-2-
[Federal Register Volume 62, Number 64 (Thursday, April 3, 1997)]
[Proposed Rules]
[Page 15869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8439]


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


FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73

[MM Docket No. 97-105, RM-9046]


Radio Broadcasting Services; Atlanta, LA

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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

SUMMARY: The Commission requests comments on a petition by Winn Parish 
Broadcasting proposing the allotment of Channel 293A to Atlanta, 
Louisiana, as the community's first local aural transmission service. 
Channel 293A can be allotted to Atlanta in compliance with the 
Commission's minimum distance separation requirements without the 
imposition of a site restriction at coordinates 31-48-18 NL and 92-44-
36 WL.

DATES: Comments must be filed on or before May 19, 1997, and reply 
comments on or before June 3, 1997.

ADDRESSES: Federal Communications Commission, Washington, DC 20554. In 
addition to filing comments with the FCC, interested parties should 
serve the petitioner, or its counsel or consultant, as follows: William 
J. Pennington, III, P.O. Box 403, Westfield, Massachusetts 01086 
(Counsel for petitioner).

FOR FURTHER INFORMATION CONTACT: Pam Blumenthal, Mass Media Bureau, 
(202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MM Docket No. 97-105, adopted March 19, 
1997, and released March 28, 1997. The full text of this Commission 
decision is available for inspection and copying during normal business 
hours in the FCC's Reference Center (Room 239), 1919 M Street, NW, 
Washington, DC. The complete text of this decision may also be 
purchased from the Commission's copy contractor, ITS, Inc., (202) 857-
3800, 2100 M Street, NW, Suite 140, Washington, DC 20037.
    Provisions of the Regulatory Flexibility Act of 1980 do not apply 
to this proceeding.
    Members of the public should note that from the time a Notice of 
Proposed Rule Making is issued until the matter is no longer subject to 
Commission consideration or court review, all ex parte contacts are 
prohibited in Commission proceedings, such as this one, which involve 
channel allotments. See 47 CFR 1.1204(b) for rules governing 
permissible ex parte contacts.
    For information regarding proper filing procedures for comments, 
see 47 CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

    Radio broadcasting.

Federal Communications Commission
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media 
Bureau.
[FR Doc. 97-8439 Filed 4-2-97; 8:45 am]
BILLING CODE 6712-01-P
|              |                                                                                                       
|------------- | ------------------------------------------------------------------------------------------------------
|Exhibit 32.2: | Certification of Principal Financial Officer Pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002

Certification
of Principal Financial Officer
Pursuant to 18 U.S.C. 1350

I,
Gordon A. Milne, Executive Vice President and Chief Financial Officer (principal financial officer) of The Ryland Group, Inc. ("the Company"), certify, to the best of my knowledge, based
upon a review of the Annual Report on Form 10-K for the year ended December 31, 2005 of the Company ("the Report"), that:



|/s/ Gordon A. MilneName: Gordon A. Milne
Date: February 21, 2006 | 
|---------------------------------------------------------------- | 

---



---
[Federal Register Volume 62, Number 74 (Thursday, April 17, 1997)]
[Notices]
[Page 18771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9931]


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

FEDERAL EMERGENCY MANAGEMENT AGENCY

[FEMA-1170-DR]


Illinois; Amendment to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster for the 
State of Illinois (FEMA-1170-DR), dated March 21, 1997, and related 
determinations.

EFFECTIVE DATE: April 1, 1997.

FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Response and Recovery 
Directorate, Federal Emergency Management Agency, Washington, DC 20472, 
(202) 646-3260.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident 
period for this disaster is closed effective April 1, 1997.

(Catalog of Federal Domestic Assistance No. 83.516, Disaster 
Assistance.)
Dennis H. Kwiatkowski,
Deputy Associate Director, Response and Recovery Directorate.
[FR Doc. 97-9931 Filed 4-16-97; 8:45 am]
BILLING CODE 6718-02-P
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
balance sheets and statements of operations found on pages 3 and 5 of the
Company's Form 10-QSB for the year to date, and is qualified in its entirety
by reference to such financial statements.
</LEGEND>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                          70,931     
<SECURITIES>                                         0      
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                71,708
<PP&E>                                               0
<DEPRECIATION>                                    (738)
<TOTAL-ASSETS>                                  72,604
<CURRENT-LIABILITIES>                            3,192
<BONDS>                                              0
<COMMON>                                       398,409
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                    (328,997)
<TOTAL-LIABILITY-AND-EQUITY>                    72,604
<SALES>                                              0
<TOTAL-REVENUES>                                   335
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                22,332
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (21,997)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (21,997)  
<EPS-PRIMARY>                                        0 
<EPS-DILUTED>                                        0

</TABLE>
* Pursuant to Local Rule 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 Local Rule

47.5.4. UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 96-50437

Summary Calendar

_____________________

LONNIE D. CLARK,

Plaintiff-Appellant,

versus

NORTH CENTRAL LIFE INSURANCE,

Defendant-Appellee.

_________________________________________________________________

Appeal from the United States District Court

for the Western District of Texas

(W-95-CV-47)

_________________________________________________________________ May 22, 1997 Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.

PER CURIAM: *

Lonnie D. Clark pleaded guilty to mail fraud concerning

misrepresentations he made to obtain insurance policies. His

conviction was affirmed by this court. U nited States v. Clark

, No.

94-10833 (5th Cir. 1995) (unpublished). Clark appeals from the

dismissal, as frivolous, of this subsequent action against North

Central Life Insurance Co. as frivolous. Clark contends generally

that his federal constitutional rights were violated by North- 2 -

Central and that it violated Texas insurance and deceptive-tradepractices law regarding an insurance policy purchased by Clark.

Clark does not contend tha t the district court erred by

holding his federal-law claims barred by Heck v. Humphrey

, 512 U.S.

477 (1994). Clark has failed to brief the relevant issue for

appeal regarding thos e claims. S ee e.g., Brinkmann v. Dallas

County Deputy Sheriff Abner

, 813 F.2d 744, 748 (5th Cir. 1987)

(court will not raise and discuss legal issues not asserted by

appellant).

Moreover, Clark has not provided this court with a basis for

finding that the policy on which this action is based is different

from one on which his fraud conviction was based. Clark’s federal

fraud conviction and the facts underlying tha t conviction would

serve as a successful def ense against Clark’s state-law claims.

See Koral Indus. v. Security-Connecticut Life Ins. Co.

, 802 S.W.2d

650, 651 (Tex. App. 1990). Accordingly, the dismissal of those

claims as frivolous was not an abuse of discretion. S ee Denton v.

Hernandez

, 504 U.S. 25, 33 (1992). Clark’s appeal is frivolous;

accordingly, it is DISMISSED

. See 5 TH C IR

. R. 42.2.

As we have done in a separate appeal by Clark decided

contemporaneously with this appeal, Clark v. MIC Life Ins. Co.

, No.

96-50444 (5th Cir. 1997) (unpublished), Clark is warned that any

additional frivolous appeals filed by him, particularly appeals in

which any of the insurance companies he pleaded guilty to

defrauding are named as appellees, will invite the imposition of- 3 -

sanctions. We repeat that warning here, and caution Clark that, to

avoid sanctions, he should review any pending appeal s to ensure

that they do not raise arguments that are frivolous.

DISMISSED; SANCTIONS WARNING ISSUED
|                                                                  
|------------------------------------------------------------------
|                                                                  
|View History:  Monthly  Annual Download Data (XLS File)          
|View History:  Monthly  Annual                                    
|View History:  Monthly  Annual                                    
|View History:                                                     
|                                                                  
|Minnesota Natural Gas Industrial Consumption  (Million Cubic Feet)
|                                                                  
|                                                                  
|Minnesota Natural Gas Industrial Consumption  (Million Cubic Feet)
|                                                                  

|Decade                                                                                                                            | Year-0  | Year-1  | Year-2  | Year-3  | Year-4  | Year-5  | Year-6  | Year-7  | Year-8  | Year-9 
|--------------------------------------------------------------------------------------------------------------------------------- | ------- | ------- | ------- | ------- | ------- | ------- | ------- | ------- | ------- | -------
|1990's                                                                                                                            |         |         |         |         |         |         |         | 107,322 | 104,610 | 104,187
|2000's                                                                                                                            | 105,875 | 92,452  | 95,671  | 94,772  | 97,103  | 94,989  | 103,009 | 113,504 | 143,837 | 128,361
|2010's                                                                                                                            | 158,457 | 157,776 | 159,947 | 160,732 | 173,569 | 157,401 | 162,818 | 165,901 | 161,560 | 162,437
|2020's                                                                                                                            | 140,554 | 152,378 | 153,419 | 157,502 |         |         |         |         |         |        
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
#### State v. Dangerfield

110,369

08/20/2015

Denied.

Unpublished
[Federal Register Volume 62, Number 68 (Wednesday, April 9, 1997)]
[Notices]
[Pages 17191-17192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8991]


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

FEDERAL RESERVE SYSTEM


Change in Bank Control Notices; Acquisitions of Shares of Banks 
or Bank Holding Companies

    The notificants listed below have applied under the Change in Bank 
Control Act (12 U.S.C. 1817(j)) and Sec.  225.41 of the Board's 
Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. 
The factors that are considered in acting on the notices are set forth 
in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).
    The notices are available for immediate inspection at the Federal 
Reserve Bank indicated. Once the notices have been accepted for 
processing, they will also be available for inspection at the offices 
of the Board

[[Page 17192]]

of Governors. Interested persons may express their views in writing to 
the Reserve Bank indicated for that notice or to the offices of the 
Board of Governors. Comments must be received not later than April 23, 
1997.
    A. Federal Reserve Bank of Kansas City (John E. Yorke, Senior Vice 
President) 925 Grand Avenue, Kansas City, Missouri 64198-0001:
    1. Frank L. Carson, III, Mulvane, Kansas; to acquire an additional 
92.28 percent, for a total of 93.96 percent, of the voting shares of 
Mulvane Bankshares, Inc., Mulvane, Kansas, and thereby indirectly 
acquire Mulvane State Bank, Mulvane, Kansas.

    Board of Governors of the Federal Reserve System, April 3, 1997.
Jennifer J. Johnson,
Deputy Secretary of the Board.
[FR Doc. 97-8991 Filed 4-8--97; 8:45 am]
BILLING CODE 6210-01-F
No. 12-6073.

#### Privott *v.*United States.

C. A. 4th Cir. Certiorari denied.
**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 Garpa Resources, Inc. (“Garpa”) on Form
      10-KSB/A for the period ending August 31, 2006 as filed with the Securities
      and
      Exchange Commission on the date hereof (the “Report”), I, Gary Schellenberg,
      President and Principal Executive Officer of Garpa and a member of the Board
      of
      Directors, certify, pursuant to s.906 of the Sarbanes-Oxley Act of 2002, that:




(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 represents, the financial
      condition and result of operations of the Company.








/s/Gary
      Schellenberg


Gary
      Schellenberg


Principal
      Executive Officer






January
      22, 2007






**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 Garpa Resources, Inc. (“Garpa”) on Form
      10-KSB/A for the period ending August 31, 2006 as filed with the Securities
      and
      Exchange Commission on the date hereof (the “Report”), I, Gary Schellenberg,
      Chief Financial Officer of Garpa and a member of the Board of Directors,
      certify, pursuant to s.906 of the Sarbanes-Oxley Act of 2002, that:




(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 represents, the financial
      condition and result of operations of the Company.






/s/Gary
      Schellenberg


Gary
      Schellenberg


Chief
      Financial Officer






January
      22, 2007
No. 12-6276.

#### Fontenot *v.*United States.

C. A. 9th Cir. Certiorari denied.
No. 12-5582.

#### Hutchinson *v.*Florida.

C. A. 11th Cir. Cer-tiorari denied.
#### State v. Hammitt

107,496

08/29/13

Denied.

Unpublished
**Exhibit 23.1**
**Consent of Registered Independent PublicAccountants**We hereby consent to the incorporation byreference in the Registration Statement on Form S-8(No. 333-7590) of Royal Dutch Petroleum Company and The“Shell” Transport and Trading Company, Public LimitedCompany of our report dated March 5, 2003, except forNote 2(a) (First Restatement of Previously Issued prioryear financial statements), Note 12 (Earnings per share)and Note 15 (Reconciliation between Netherlands GAAP and USGAAP (as restated)) which are as of May 22, 2004 and exceptfor Note 2(b) (Second Restatement of previously issuedfinancial statements) and Note 16 (Subsequent events),which are as of March 3 2005, relating to the FinancialStatements of Royal Dutch Petroleum Company which is included inthis Amendment No.2.
/s/ KPMG Accountants N.V.-----------------------------------------------------
**KPMG Accountants N.V.****The Hague — TheNetherlands**
March 3, 2005 **E 2**      Exhibits 20-F/A (Amendment No. 2) 2002
No. 11-1550.

#### Gearren et al. *v.*McGraw-Hill Cos., Inc., et al.

C. A. 2d Cir. Certiorari denied.
C OURT OF A PPEALS FOR THE
F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: In re Jane Doe and Betty Doe

Appellate case number: 01

- 21

- 0051 0

- CV

Trial court case number: 20

- CV

- 1744

Trial court: 450 th District Court of Galveston County

Relators, Jane Doe and Betty Doe, have filed a petition for writ of mandamus challenging

the trial court’s August 18, 2021 order granting the motion to compel deposition filed by real parties in interest, Todd Glover, Animal Hospital of Santa Fe, Glover Veterinary Services, PLLC,

and Planned Pethood & Petiatric Clinic. Relators have also filed a motion for emergency relief.

The motion for emergency relief is granted and the proceedings in the trial court are stayed pending disposition of this appe al.

Real parties in interest are directed to file a response to the petition for writ of mandamus within 20 days of the date of this order

.
It is so ORDERED.

Judge’s signature:

___

/s/ Peter Kelly

______  Acting individually  Acting for the Court

Date: __ September 22, 2021

____
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                             354
<SECURITIES>                                       584
<RECEIVABLES>                                   31,039
<ALLOWANCES>                                     (605)
<INVENTORY>                                     35,980
<CURRENT-ASSETS>                                71,270
<PP&E>                                         256,287
<DEPRECIATION>                               (166,786)
<TOTAL-ASSETS>                                 221,120
<CURRENT-LIABILITIES>                           34,187
<BONDS>                                          8,376
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         6,892
<OTHER-SE>                                     143,605
<TOTAL-LIABILITY-AND-EQUITY>                   221,120
<SALES>                                         56,063
<TOTAL-REVENUES>                                56,063
<CGS>                                           47,760
<TOTAL-COSTS>                                   55,864
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 206
<INCOME-PRETAX>                                    332
<INCOME-TAX>                                       126
<INCOME-CONTINUING>                                206
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       206
<EPS-BASIC>                                       0.03
<EPS-DILUTED>                                     0.03


</TABLE>