alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
The Honorable Charles A. Shaw, United States District Judge for the Eastern 1

District of Missouri.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 97-4079

___________

United States of America, *

*

Appellee, *

* Appeal from the United States

v. * District Court for the

* Eastern District of Missouri.

Steven Crockett, *

* [UNPUBLISHED]

Appellant. *

___________

 Submitted: March 20, 1998

 Filed: March 26, 1998

___________

Before FAGG, BEAM, and HANSEN, Circuit Judges.

___________

PER CURIAM.

Steven Crockett pleaded guilty to possessing more than five grams of “cocaine

base (crack)” with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and

(b)(1)(B)(iii), and to being a felon in possession of a firearm, in violation of 18 U.S.C.

§ 922(g)(1). The district court, using the Guidelines for crack cocaine, sentenced him 1

to concurrent prison terms of 70 months plus four years supervised release. Crockett

appeals his sentence, and we affirm.
-2-

Crockett argues, as he did below, that the use of the disparate sentencing scheme

for crack as opposed to powder cocaine violated his Fifth Amendment right to equal

protection and due process; and that our prior decisions on this issue are no longer

applicable in light of the United States Sentencing Commission&s April 1997 report and

the proposal of Attorney General Reno and Drug Czar McCaffrey (forwarded to

Congress by President Clinton), both of which recommend modifying the sentencing

scheme. Congress has not changed the law, however. We thus agree with the

government that Crockett&s challenge is foreclosed by our prior decisions upholding the

constitutionality of the 100-to-1 ratio, see, e.g., United States v. Carter, 91 F.3d 1196,

1197-99 (8th Cir. 1996) (per curiam); United States v. Jackson, 67 F.3d 1359, 1367

(8th Cir. 1995), cert. denied, 116 S. Ct. 1684 (1996), and that we may not overrule

those decisions, see United States v. Prior, 107 F.3d 654, 660 (8th Cir.) (one Eighth

Circuit panel may not overrule another panel&s decision), cert. denied, 118 S. Ct. 84

(1997).

Accordingly, we affirm the judgment of the district court.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
# C_2013141EN.01002501.xml

| 18.5.2013 | EN | Official Journal of the European Union | C 141/25 |
| --- | --- | --- | --- |

18.5.2013

EN

Official Journal of the European Union

C 141/25

---

Action brought on 21 March 2013 — Novomatic v OHIM — Simba Toys (AFRICAN SIMBA)

(Case T-172/13)

2013/C 141/45

Language in which the application was lodged: German

Parties

Parties

Applicant: Novomatic AG (Gumpoldskirchen, Austria) (represented by: W. Mosing, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal: Simba Toys GmbH & Co. KG (Fürth-Stadeln, Germany)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

The applicant claims that the General Court should:

| — | annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 January 2013 in Case 157/2012-4 and dismiss the opposition in its entirety as a result of a lack of similarity between the goods and/or signs and grant registration of the Community trade mark ‘AFRICAN SIMBA’ (application No 7 5 4175) in the form applied for; |
| --- | --- |

—

annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 January 2013 in Case 157/2012-4 and dismiss the opposition in its entirety as a result of a lack of similarity between the goods and/or signs and grant registration of the Community trade mark ‘AFRICAN SIMBA’ (application No 7 5 4175) in the form applied for;

| — | order OHIM and — in the case of written intervention — the opponent to bear their own costs and those incurred by the applicant in the proceedings before OHIM and in these proceedings. |
| --- | --- |

—

order OHIM and — in the case of written intervention — the opponent to bear their own costs and those incurred by the applicant in the proceedings before OHIM and in these proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Applicant for a Community trade mark:

Community trade mark concerned: Word mark ‘ARFICAN SIMBA’ for goods and services in Classes 9, 28 and 41 — Community trade mark application No 7 534 175

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: Simba Toys GmbH & Co. KG

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: National figurative mark containing the word element ‘Simba’, and international word mark ‘SIMBA’ for goods in Class 28

Mark or sign cited in opposition:

Decision of the Opposition Division: Opposition upheld in part

Decision of the Opposition Division:

Decision of the Board of Appeal: Appeal dismissed

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 42(2) in conjunction with Article 42(3) of Regulation No 207/2009 in conjunction with Rule 22(2) of Regulation No 2868/95 and Article 8(1)(b) of Regulation No 207/2009

Pleas in law:

---
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
This schedule contains summary financial information extracted from the
unaudited Balance Sheet and the unaudited Statement of Income filed as part of
the quarterly report on Form 10-Q and is qualified in its entirety by reference
to such quarterly report on Form 10-Q.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                           3,824
<INT-BEARING-DEPOSITS>                           1,493
<FED-FUNDS-SOLD>                                 4,450
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     22,542
<INVESTMENTS-CARRYING>                          22,542
<INVESTMENTS-MARKET>                            22,542
<LOANS>                                        198,143
<ALLOWANCE>                                      2,029
<TOTAL-ASSETS>                                 250,604
<DEPOSITS>                                     209,888
<SHORT-TERM>                                     6,036
<LIABILITIES-OTHER>                                261
<LONG-TERM>                                     16,683
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           820
<OTHER-SE>                                      15,897
<TOTAL-LIABILITIES-AND-EQUITY>                 250,604
<INTEREST-LOAN>                                  7,835
<INTEREST-INVEST>                                  656
<INTEREST-OTHER>                                   163
<INTEREST-TOTAL>                                 8,653
<INTEREST-DEPOSIT>                               3,913
<INTEREST-EXPENSE>                               4,560
<INTEREST-INCOME-NET>                            4,093
<LOAN-LOSSES>                                      155
<SECURITIES-GAINS>                                  40
<EXPENSE-OTHER>                                  2,738
<INCOME-PRETAX>                                  1,774
<INCOME-PRE-EXTRAORDINARY>                       1,774
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,163
<EPS-BASIC>                                       1.43
<EPS-DILUTED>                                     1.42
<YIELD-ACTUAL>                                    4.10
<LOANS-NON>                                        103
<LOANS-PAST>                                       578
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                  1,526
<ALLOWANCE-OPEN>                                 1,981
<CHARGE-OFFS>                                      201
<RECOVERIES>                                        94
<ALLOWANCE-CLOSE>                                2,029
<ALLOWANCE-DOMESTIC>                                 0
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                             17


</TABLE>
No. 10-10707.

#### James Edward Jefferson, Petitioner v. United States.

565 U.S. 845, 132 S. Ct. 162,

181 L. Ed. 2d 76,

2011 U.S. LEXIS 6091.

October 3, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

Same case below, 464 Fed. Appx. 191.
**DoD 4000.25-1-M**

*DoD 4000.25-1-M, January, 2006*

*Change 1*

*DLM 4000.25, Volume 2, November 26, 2019*

*Change 13*

**AP8.37. APPENDIX 8.37**

**FOLLOW-UP FOR INVENTORY CONTROL POINT/ INTEGRATED MATERIEL MANAGER REPLY TO CUSTOMER ASSET REPORT(MATERIEL RETURNS PROGRAM)**

AP3.37-1

1

APPENDIX 3.37

AP8.37-1

APPENDIX 8.37
**Exhibit 32.1**

**STATEMENT OF CHIEF EXECUTIVE OFFICER UNDER 18 U.S.C. § 1350**

I, Ashutosh Roy, the chief executive officer of eGain Communications Corporation (the “Company”), certify for the purposes ofsection 1350 of chapter 63 of title 18 of the United States Code that, to my knowledge, 

(i) the Quarterly Report of theCompany on Form 10-Q for the period ending September 30, 2010 (the “Report”), fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, and 

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

 

A signed original of thiswritten statement required by 18 U.S.C. § 1350 has been provided to eGain Communications Corporation and will be retained by eGain Communications Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
**AP8.4. APPENDIX 8.4**

**NON-NATIONAL STOCK NUMBER REQUISITION (MECHANICAL)**

**DoD 4000.25-1-M**

*DoD 4000.25-1-M, January, 2006*

*Change 1*

*DLM 4000.25, Volume 2, November 26, 2019*

*Change 13*

2

APPENDIX 3.4

AP8.4-1

APPENDIX 8.4
No. 10-10750.

#### Danny Howell, Petitioner v. Richard Brown, Superintendent, Wabash Valley Correctional Facility.

565 U.S. 847, 132 S. Ct. 167,

181 L. Ed. 2d 80,

2011 U.S. LEXIS 6472.

October 3, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.
No. 10-10794.

#### William Taylor, Petitioner v. Adrian Hoke, Warden.

565 U.S. 850, 132 S. Ct. 173,

181 L. Ed. 2d 84,

2011 U.S. LEXIS 6009.

October 3, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 409 Fed. Appx. 704.
No. 10-7137.

#### Danny Ray Dunlap, Petitioner v. Michigan.

562 U.S. 1129, 131 S. Ct. 920,

178 L. Ed. 2d 741,

2011 U.S. LEXIS 132.

January 10, 2011.

Motion of petitioner for leave to proceed in forma pauperis denied, and petition for writ of certiorari to the Court of Appeals of Michigan dismissed. See Rule 39.8. As petitioner has repeatedly abused this Court’s process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and petition submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U.S. 1, 113 S. Ct. 397, 121 L. Ed. 2d 305 (1992) (per curiam).
<pre>

Exhibit 31.1

Certification of the Chief Executive Officer Pursuant to Section 906 of the
Sarbanes - Oxley Act of 2002

Pursuant to 18 U.S.C. 1350, as created by Section 906 of the Sarbanes-Oxley Act
of 2002, the undersigned officer of Ludlum Construction Co., Inc. (the
"Company") hereby certifies that:

(i) the Quarterly Report  on Form 10-QSB/A of  the Company for the  quarter
ended March 31, 2005 , as amended, (the Report) fully complies with the
requirements of Section 13(a)  or Section 15(d),  as applicable, 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 as
of, and for, the periods presented in the Report.

                      /s/   Bob Martyn
                      ---------------------------
                      Bob Martyn
                      President
                     (Principal Executive Officer)

Dated:  August 22, 2005



Certification of the Chief Financial Officer Pursuant to Section 906 of the
Sarbanes - Oxley Act of 2002

Pursuant to 18 U.S.C. 1350, as created by Section 906 of the Sarbanes - Oxley
Act of 2002 the undersigned officer of Ludlum Construction Co., Inc. (the
"Company") hereby certifies that:

(i) the Quarterly Report  on Form 10-QSB/A of  the Company for the  quarter
ended March 31, 2005, as amended,  (the Report) fully complies with  the
requirements of Section 13(a)  or Section 15(d),  as applicable, 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 as
of, and for, the periods presented in the Report.

                        VOTE POWER CORPORATION
                        /S/ Inti Shaikh
                        ----------------------------
                        Inti Shaikh
                        Secretary/Treasurer
                        (Principal Financial Officer)


Dated:  August 22, 2005
#### *Larson, Respondent, v. City of Bellevue, Petitioner,*

No. 92197-1.

Petition for review of a decision of the Court of Appeals, No. 71101-6-I, July 13, 2015, 188 Wn. App. 857. *Granted*February 10, 2016 and consolidated under *Spivey v. City of Bellevue,*No. 91680-2.
##### 



Exhibit 32.1 CERTIFICATION PURSUANT TO SECTION 1350 OF CHAPTER 63
OF TITLE 18 OF THE UNITED STATES CODE I, John P. Mitola, the Chief Executive Officer of Electric City Corp., certify pursuant to 18
U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, to the best of my
knowledge and belief that:  1.
    The Quarterly Report Under Section 13(a) or 15(d) of the Securities Exchange Act of
1934 on Form 10-Q for the Quarterly Period ended March 31, 2004 fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and2.
    The information contained in the Quarterly Report Under Section 13 or 15(d) of the
Securities Exchange Act of 1934 on Form 10-Q for the Quarterly Period ended March 31, 2004
fairly presents, in all material respects, the financial condition and results of
operations of Electric City Corp. and its subsidiaries. /s/ John P. MitolaJohn P. MitolaChief Executive Officer
May 16, 2004
Exhibit 32.1

CERTIFICATION

PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, Donald C. Wood, the President and Chief Executive Officer of Federal Realty Investment Trust (the Company), has executed this certification in connection with the filing with the Securities and Exchange
Commission of the Companys Annual Report on Form 10-K for the period ended December 31, 2008 (the Report). The undersigned hereby certifies 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 presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                  |  |        |  |                                               
|----------------- |  | ------ |  | ----------------------------------------------
|                  |  |        |  | /s/    Donald C. Wood                         
|February 26, 2009 |  | NAME:  |  | Donald C. Wood                                
|                  |  | TITLE: |  | President, Chief Executive Officer and Trustee
|                  |  |        |  | (Principal Executive Officer)
Prepared by R.R. Donnelley Financial -- EX-10.28




 Exhibit 10.28 

[ZP LETTERHEAD] 
 July 15, 2013 

Kleanthis G. Xanthopoulos, Ph.D. 
 c/o Regulus Therapeutics 

3545 John Hopkins Ct., Suite 210 
 San Diego, CA 92121-1121 

 

	Re:	Modification to Consulting Agreement 

 Dear Kleanthis: 

This letter agreement (this “Amendment”) amends certain provisions of your Independent Director Agreement with ZP Holdings,
Inc. (the “Company”) dated as of March 28, 2013 (the “Original Agreement”). 
 Per your request,
beginning on the Company’s next scheduled pay date, all payments of the consulting fee and out-of-pocket expenses under the Original Agreement will be made to “Helios Capital, Inc.,” a California corporation controlled by you and
located at 6305 El Camino Del Teatro, La Jolla, California 92037. Accordingly, your Original Agreement is hereby amended such that each occurrence of the word “Director” in Section 2(i) and Section 2(iii) of the Original
Agreement, Section 2(a) of Schedule A to the Original Agreement, and the first sentence of Section 2(c) of Schedule A to the Original Agreement shall be deleted and replaced with the words “Director or his
designee.” 
 Except as expressly amended by this Amendment, the Original Agreement remains in full force and affect and otherwise
unchanged. The Original Agreement shall, together with this Amendment, be read and construed as a single document. Please indicate your agreement to the Amendment by signing below and returning a copy of this letter to the Company at your earliest
convenience. 
  

			
	Very truly yours,
	
	ZP HOLDINGS, INC.
		
	By:	 	 /s/ Vikram Lamba

		 	Vikram Lamba
		 	President and Chief Executive Officer


  

	
	Acknowledged and agreed by:
	
	 /s/ Kleanthis G. Xanthopoulos

	Kleanthis G. Xanthopoulos
No. 10-7387.

#### Monroe Ace Setser, Petitioner v. United States.

565 U.S. 810, 132 S. Ct. 82,

181 L. Ed. 2d 14,

2011 U.S. LEXIS 6613.

October 3, 2011.

Motion of petitioner for leave to file volume II of the joint appendix under seal granted.
No. 10-1391.

#### St. Elizabeth’s Child Care Center, Petitioner v. Pennsylvania Department of Public Welfare.

565 U.S. 818, 132 S. Ct. 103,

181 L. Ed. 2d 30,

2011 U.S. LEXIS 6729.

October 3, 2011.

Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied.

Same case below, 989 A.2d 52.
[Federal Register Volume 63, Number 131 (Thursday, July 9, 1998)]
[Notices]
[Page 37131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18265]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[CO-050-1990-00]


Closure of Public Lands

AGENCY: Bureau of Land Management, Interior.

ACTION: Closure of public lands Saguache County, CO.

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

SUMMARY: Notice is hereby given that effective July 6, 1998 that 
certain public lands, including all existing roads and trails, in 
Saguache County are closed to the public. The purpose of this closure 
is to assure public health and safety by preventing contact with 
contaminated soils and vegetation in the identified area. This closure 
is made under the authority of 43 CFR 8364.1. The public lands affected 
by this emergency closure are specifically identified as follows: 
Saguache County, Colorado

T. 45N, R. 7E., NMPM

Section 26, S\1/2\SW\1/4\SE\1/4\SE\1/4\, S\1/2\SE\1/4\SW\1/4\SE\1/
4\;
Section 35, N\1/2\NE\1/4\NW\1/4\NE\1/4\, N\1/2\NE\1/4\NE\1/4\NE\1/
4\.
    20 acres total.

DATES: Effective July 6, 1998 and will remain in effect until July 5, 
2000 unless revised, revoked or amended.

ADDRESSES: Bureau of Land Management, Canon City District Office, 3170 
East Main Street, Canon City, Colorado 81212; Telephone (719) 269-8500; 
TDD (719) 269-8597 or Saguache Field Office, P.O Box 67, Saguache, CO 
81149. Telephone (719) 655-2547.

FOR FURTHER INFORMATION CONTACT: Tom Goodwin, Saguache Field Office 
Manager, Saguache Field Office at the above address and phone number.

SUPPLEMENTARY INFORMATION: This closure does not apply to emergency, 
law enforcement, and federal or other government or contracted 
personnel and vehicles while being used for official or emergency 
purposes, or those persons with expressly authorized or otherwise 
officially approved by BLM. Violation of this order is punishable by 
fine and/or imprisonment as defined in 18 U.S.C. 3571. A copy of this 
Federal Register Notice and map showing the closure area is posted in 
the Canon City District Office and Saguache Field Office and in public 
places in the affected area.
Donnie R. Sparks,
District Manager.
[FR Doc. 98-18265 Filed 7-8-98; 8:45 am]
BILLING CODE 4310-JB-M
116TH CONGRESS 

2D SESSION H. R. 306 

AN ACT 

To direct the Secretary of the Interior to conduct a reconnaissance survey of the site of the Kettle Creek Battlefield in Wilkes County, Georgia, and adjacent property, 

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, 
2 

•HR 306 EH

1 SECTION 1. KETTLE CREEK BATTLEFIELD SURVEY. 

2 (a) SHORT TITLE.—This section may be cited as the 

3 ‘‘Kettle Creek Battlefield Survey Act’’. 

4 (b) RECONNAISSANCE SURVEY.— 

5 (1) SURVEY.—The Secretary of the Interior 

6 (referred to in this section as the ‘‘Secretary’’) shall 

7 conduct a reconnaissance survey of the site of the 

8 Kettle Creek Battlefield in Wilkes County, Georgia, 

9 and adjacent property (referred to in this section as 

10 the ‘‘site’’). 

11 (2) REQUIREMENTS FOR SURVEY.—In con12 ducting the survey under paragraph (1), the Sec13 retary shall evaluate the likelihood that resources 

14 within the site boundary would meet the four criteria 

15 for new parklands— 

16 (A) national significance; 

17 (B) suitability; 

18 (C) feasibility; and 

19 (D) need for National Park Service man20 agement. 

21 (3) REPORT.—Not later than 1 year after the 

22 date on which funds are made available to carry out 

23 the survey under paragraph (1), the Secretary shall 

24 submit to the Committee on Natural Resources of 

25 the House of Representatives and the Committee on 
3 

•HR 306 EH

1 Energy and Natural Resources of the Senate a re2 port that describes— 

3 (A) the results of the survey; and 

4 (B) any conclusions and recommendations 

5 of the Secretary. 

Passed the House of Representatives December 3, 

2020. 

Attest: 

Clerk. 
116TH CONGRESS 

2D SESSION H. R. 306 

AN ACT 

To direct the Secretary of the Interior to conduct 

adjacent property, and for other purposes. Creek Battlefield in Wilkes County, Georgia, and a reconnaissance survey of the site of the Kettle