alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT RECOMMENDED FOR PUBLICATION

File Name: 23a0405n.06

Case No. 22-1252

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

MARQUAN SHANEAL TORNES, 

Defendant-Appellant.

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)

)

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ON APPEAL FROM THE UNITED 

STATES DISTRICT COURT FOR 

THE WESTERN DISTRICT OF 

MICHIGAN

OPINION

Before: KETHLEDGE, THAPAR, and MATHIS, Circuit Judges.

THAPAR, Circuit Judge. In 2022, a federal district court sentenced Marquan Tornes for 

possessing a gun as a felon. See 18 U.S.C. § 922(g)(1). It enhanced his sentence because Tornes 

had a prior “controlled substance offense”: a 2014 marijuana conviction in Michigan. See 

U.S.S.G. § 2K2.1(a)(3). Tornes appeals, claiming the district court shouldn’t have enhanced his 

sentence. We review that question de novo. United States v. Clark, 46 F.4th 404, 407 (6th Cir. 

2022).

Tornes’s enhancement turns on the reference point for defining “controlled substance” 

under the Sentencing Guidelines’ categorical approach. Tornes argues the correct point is the time 

of his federal sentencing—here, 2022. If we use that time, his argument goes, the enhancement 

won’t apply.
Case No. 22-1252, United States v. Tornes

- 2 -

That argument immediately faces a problem: we rejected it just last year in Clark. There, 

we held that the proper reference point is the time of the predicate state conviction—here, 2014. 

Id. at 408; see also United States v. Long, No. 22-6041, 2023 WL 5242509, at *1 (6th Cir. July 

28, 2023). Because that’s the point the district court used, it correctly enhanced Tornes’s sentence. 

Tornes acknowledges that Clark forecloses his argument and merely seeks to preserve it for en

banc review. He has. 

Alternatively, Tornes asks us to hold this case until the Supreme Court decides two similar 

cases involving a provision of the Armed Career Criminal Act (“ACCA”). See Jackson v. United 

States, 143 S. Ct. 2457, 2457 (2023) (mem.); Brown v. United States, 143 S. Ct. 2458, 2458 (2023) 

(mem.). We decline this invitation. The ACCA and the Sentencing Guidelines are different 

enactments with different structures and purposes. That’s why “longstanding principles of 

statutory interpretation allow different results under the Guidelines as opposed to under the 

ACCA.” United States v. Jackson, 55 F.4th 846, 856 n.7 (11th Cir. 2022), cert. granted, 143 S. 

Ct. at 2457; United States v. Brown, 47 F.4th 147, 154 (3d Cir. 2022) (citing Dorsey v. United 

States, 567 U.S. 260, 291 (2012) (Scalia, J., dissenting)), cert. granted, 143 S. Ct. at 2458. So 

even if we hold this case, it’s far from certain to make a difference. See Ne. Ohio Coal. for the 

Homeless v. Husted, 831 F.3d 686, 720–21 (6th Cir. 2016) (intervening Supreme Court case must 

be “directly applicable” for panel to disregard binding precedent). We don’t see the benefit in 

waiting for the Court to address different cases involving different provisions.

We affirm.
No. 11-5523.

#### Jose Luis Zambrano, Petitioner v. United States.

565 U.S. 912, 132 S. Ct. 324,

181 L. Ed. 2d 201,

2011 U.S. LEXIS 6159.

October 3, 2011.

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

The HONORABLE THOMAS M. REAVLEY, United States Circuit

Judge for the United States Court of Appeals, Fifth

Circuit, sitting by designation.

 1The Honorable George Howard, Jr., United States District

Court for the Eastern District of Arkansas.

 

No. 95-2301

 

ROBERT HALL, doing business *

as H&H Towel Company, *

 * Appeal from the United

Plaintiff-Appellee, * States District Court

 * for the Eastern District

v. * of Arkansas

 *

FIRST FINANCIAL INSURANCE * [UNPUBLISHED]

COMPANY, *

 *

Defendant-Appellant, *

 

Submitted: January 11, 1996

 Filed: February 26, 1996 

Before LOKEN, REAVLEY* and HANSEN, Circuit Judges. 

PER CURIAM.

First Financial Insurance Company appeals a judgment entered

against it and in favor of Robert Hall d/b/a H & H Towel Company.

After reviewing the record and arguments of the parties, we

conclude that Hall was qualified to testify as to the value of

the inventory insured by First Financial, and that the district

court1 did not err in denying the motion for directed judgment. 

We also conclude that the district court did not abuse its
-2-

discretion in denying First Financial’s motion for mistrial. 

Accordingly, the judgment is affirmed. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
Exhibit 10.1 Promissory Note-Knight


PROMISSORY NOTE







$175,000.00 US Currency             June 19, 2014







FOR VALUE RECEIVED, Invent Ventures, Inc., a Nevada corporation (hereinafter referred to as the "Maker") promises to pay to the order of Bryce Knight, ("Holder"), or assigns, at such other place as the Holder may from time to time designate in writing to the Maker, in lawful money of the United States of America, the principal sum of $175,000.00, or so much thereof as may be hereafter disbursed, without interest.  




SECTION ONE - TERMS




The principal and interest due under this Note shall be paid in the following manner: 




a)  The entire principal amount of this Note, including accrued interest shall be due and payable on or before June 30th, 2015.   




SECTION TWO - RISKS




IN MAKING A DECISION TO LEND FUNDS SUBSCRIBER MUST RELY ON HIS OWN EXAMINATION OF THE COMPANY AND THE TERMS OF THE NOTE INSTRUMENT, INCLUDING THE MERITS AND RISKS INVOLVED. A LOAN IN A NEW COMPANY IS CONSIDERED TO BE A HIGH RISK.




The Holder has such knowledge and experience in financial and business matters that the Holder is capable of evaluating the merits and risks of this Promissory Note and of making an informed financial decision, and does not require a Company representative in evaluating the merits and risks, or has relied upon the advice of a Company representative.




The Holder has been given the opportunity to ask question of and to receive answers from persons acting on the Company’s behalf concerning the terms and conditions of this transaction and also has been given the opportunity to obtain any additional information which the Company possesses or can acquire without unreasonable effort or expense. As a result, Holder is cognizant of the financial condition, capitalization, use of proceeds from this financing and the operations and financial condition of Company, has available full information concerning their affairs and has been able to evaluate the merits and risks of the Promissory Note. 




SECTION THREE – OTHER TERMS




Maker hereby waives and renounces for itself, its heirs, successors and assigns, all rights to the benefits of any statute of limitations, any moratorium, reinstatement, marshaling, forbearance, valuation, stay, extension, redemption, appraisement and exemption now provided, or which may hereafter by provided, by the Constitution and laws of the United States of America and of any state thereof, against the enforcement and collection of the obligations evidenced by this Note.




This Note may not be assigned by either party hereto without the prior written consent of the other.  In the event that this Note is collected by law or through an attorney at law, or under advice therefrom, the Maker agrees to pay all costs of collection, including reasonable attorneys' fees.




This Note shall be governed by the laws of the State of Nevada, United States of America. 




Given under the hand and seal of the undersigned, the date and year indicated above.







INVENT VENTURES:

HOLDER:










____________________________

____________________________

James Jago

Bryce Knight

CFO of Invent
Exhibit 99.3




                Written Statement of the Chief Operating Officer
                          Pursuant to 18 U.S.C. ss.1350

Solely for the purposes of complying with 18 U.S.C. ss.1350, I, the undersigned
President and Chief Operating Officer of Regency Centers Corporation, the
general partner of Regency Centers, L.P. (the "Partnership"), hereby certify,
based on my knowledge, that the Quarterly Report on Form 10-Q of the Partnership
for the quarter ended June 30, 2002 (the "Report") fully complies with the
requirements of Section 13(a) of the Securities Exchange Act of 1934 and that
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Partnership.



/s/ Mary Lou Fiala
--------------------------
Mary Lou Fiala
August 9, 2002
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from SEC
Form 10Q and is qualified in its entirety by reference to such financial
statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   12-MOS                  YEAR
<FISCAL-YEAR-END>                          FEB-01-1997             FEB-01-1997
<PERIOD-START>                             NOV-03-1996             FEB-04-1996
<PERIOD-END>                               FEB-01-1997             FEB-01-1997
<CASH>                                          93,400                  93,400
<SECURITIES>                                         0                       0
<RECEIVABLES>                                        0                       0
<ALLOWANCES>                                         0                       0
<INVENTORY>                                     43,149                  43,149
<CURRENT-ASSETS>                               150,983                 150,983
<PP&E>                                         157,341                 157,341
<DEPRECIATION>                                  84,660                  84,660
<TOTAL-ASSETS>                                 242,851                 242,851
<CURRENT-LIABILITIES>                           42,866                  42,866
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                         2,407                   2,407
<OTHER-SE>                                     192,105                 192,105
<TOTAL-LIABILITY-AND-EQUITY>                   242,851                 242,851
<SALES>                                        144,438                 144,438
<TOTAL-REVENUES>                               144,438                 144,438
<CGS>                                                0                       0
<TOTAL-COSTS>                                   64,694                 208,016
<OTHER-EXPENSES>                                43,140                 159,985
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                                 36,604                  72,283
<INCOME-TAX>                                    13,594                  27,153
<INCOME-CONTINUING>                             23,010                  45,130
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                    23,010                  45,130
<EPS-PRIMARY>                                      .49                     .95
<EPS-DILUTED>                                      .49                     .95
        

</TABLE>
Video testimony from program partner

Grow East Africa in Ethiopia.

Video Greeting from SPI for Seed

Packing Event

Video with Seed Packing Event instructions.

Note: You will use tape to seal packets as

packets are not self-sealing like in video.

Video about program partner Taaru Askan

and Tostan International project in

Senegal.

Video about program partner Sustainable

Communities Initiative for Empowerment

(SCINE) in Uganda.

Video explaining SPI's origin, mission,

and work conducted around the world,

with former CEO, Peter Marks.
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3304 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 130
116th CONGRESS
  1st Session
                                H. R. 3304

                          [Report No. 116-170]

To exempt for an additional 4-year period, from the application of the 
means-test presumption of abuse under chapter 7, qualifying members of 
  reserve components of the Armed Forces and members of the National 
 Guard who, after September 11, 2001, are called to active duty or to 
     perform a homeland defense activity for not less than 90 days.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 18, 2019

    Mr. Cohen (for himself, Mr. Cline, Mr. Burchett, and Ms. Dean) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

                             July 23, 2019

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL

 
To exempt for an additional 4-year period, from the application of the 
means-test presumption of abuse under chapter 7, qualifying members of 
  reserve components of the Armed Forces and members of the National 
 Guard who, after September 11, 2001, are called to active duty or to 
     perform a homeland defense activity for not less than 90 days.

 

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Guard and Reservists Debt 
Relief Extension Act of 2019''.

SEC. 2. NATIONAL GUARD AND RESERVISTS DEBT RELIEF AMENDMENT.

    Section 4(b) of the National Guard and Reservists Debt Relief Act 
of 2008 (Public Law 110-438; 122 Stat. 5000) is amended by striking 
``11-year'' and inserting ``15-year''.
                                                 Union Calendar No. 130

116th CONGRESS

  1st Session

                               H. R. 3304

                          [Report No. 116-170]

_______________________________________________________________________

                                 A BILL

To exempt for an additional 4-year period, from the application of the 
means-test presumption of abuse under chapter 7, qualifying members of 
  reserve components of the Armed Forces and members of the National 
 Guard who, after September 11, 2001, are called to active duty or to 
     perform a homeland defense activity for not less than 90 days.

_______________________________________________________________________

                             July 23, 2019

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```
<PAGE>
                                                                    EXHIBIT 12.2

                                  CERTIFICATION

I, Uri Levine, certify that :

1.   I have reviewed this amendment to annual report on Form 20-F/A of Elscint
     Limited;

2.   Based on my knowledge, this amendment to 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; and

3.   Based on my knowledge, the financial statements, and other financial
     information included in this amendment to report, fairly present in all
     material respects the financial condition, results of operations and cash
     flows of the company as of, and for, the periods presented in this report.


Date: July 14, 2005

                                                /s/ Uri Levin
                                                ------------------
                                                Uri Levin
                                                Chief Financial Officer


                                     -102-
##### 



Exhibit 32.2

CERTIFICATION PURSUANT TO SECTION 1350 OF CHAPTER 63
OF TITLE 18 OF THE UNITED STATES CODE

I, Jeffrey R. Mistarz, the Chief Financial Officer of Electric City Corp.,
certify that:



| | 1. |  | The Quarterly Report Under Section 13 or 15(d) of the Securities
Exchange Act of 1934 on Form 10-QSB for the Quarterly Period ended
September 30, 2003 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 Quarterly Report Under Section 13
or 15(d) of the Securities Exchange Act of 1934 on Form 10-QSB for the
Quarterly Period ended September 30, 2003 fairly presents, in all
material respects, the financial condition and results of operations of
Electric City Corp. and its subsidiaries.
| | -- |  | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

/s/ Jeffrey R. MistarzJeffrey R. MistarzChief Financial OfficerNovember 13, 2003
No. 11-5623.

#### Steven Jean-Pierre, Petitioner v. Tom Gubbiotti.

565 U.S. 916, 132 S. Ct. 334,

181 L. Ed. 2d 208,

2011 U.S. LEXIS 5862.

October 3, 2011.

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

Same case below, 417 Fed. Appx. 120.
IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

VINCULUM, INC

. , Petitioner

v.

GOLI TECHNOLOGIES, LLC,

Respondent : : : : : : : : : : : No. 682 MAL 2021

Petition for Allowance of Appeal from the Order of the Superior Court

ORDER

PER CURIAM
AND NOW , this 22nd day of June, 2022 , the Petition for Allowance of Appeal is
GRANTED , LIMITED TO the issues set forth below. Allocatur is DENIED as to all remaining issues. The issue s, as stated by petitioner , are:
(1) Whether the trial court erred as a matter of law by finding that [ Petitioner ] proved the elements of its claim for breach of contract, and yet refusing to enforce the nondiscretionary attorney's [sic] fees provision in the contract? (2) Whether the trial court erred as a matter of law by sustaining [Respondent’s] objections to questio ns at trial concerning profits beyond one

- year post

- breach, and thereby imposing an arbitrary one

- year limitation on [Petitioner’s] damages?
[Federal Register Volume 63, Number 142 (Friday, July 24, 1998)]
[Notices]
[Pages 39901-39902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19744]


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

DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993; Gas Utilization Research Forum (GURF)

    Notice is hereby given that, on March 4, 1998, pursuant to Section 
6(a) of the National Cooperative Research and Production Act of 1993, 
15 U.S.C. 4301 et seq. (``the Act''), Gas Utilization Research Forum 
(GURF) has filed written notifications simultaneously with the Attorney 
General and the Federal Trade Commission disclosing changes in its 
membership status. The notifications were filed for the purpose of 
extending the Act's provisions limiting the recovery of antitrust 
plaintiffs to actual damages under specified circumstances. 
Specifically, Air Products and Chemicals, Inc., Allentown, PA; 
Compressor Controls Corporation, Des Moines, IA; and VICO Enterprises, 
Inc., Houston, TX, have become new members.
    No other changes have been made in either the membership or planned 
activity of the group research project. Membership in this group 
research project remains open, and Gas Utilization Research Forum 
(GURF) intends to file additional written notification disclosing all 
changes in membership.

[[Page 39902]]

    On December 19, 1990, Gas Utilization Research Forum (GURF) filed 
its original notification pursuant to Section 6(a) of the Act. The 
Department of Justice published a notice in the Federal Register 
pursuant to Section 6(b) of the Act on January 16, 1991 (56 FR 1655).
    The last notification was filed with the Department on August 11, 
1997. A notice was published in the Federal Register pursuant to 
Section 6(b) of the Act on November 10, 1997 (62 FR 60530).
Constance K. Robinson,
Director of Operations, Antitrust Division.
[FR Doc. 98-19744 Filed 7-23-98; 8:45 am]
BILLING CODE 4410-11-M
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

September 10, 2007 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh
Elizabeth A. Weaver 133667 Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee,

v SC: 133667 COA: 264012 Kent CC: 03-000310-FC ERIC WINBUSH, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application fo r leave to appeal th e February 20, 2007 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

d0830 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

September 10, 2007

Clerk
DEFENSE LOGISTICS AGENCY 

HEADQUARTERS 

8725 JOHN J. KINGMAN ROAD 

FORT BELVOIR, VIRGINIA 22060-6221 

July 25, 2022 

MEMORANDUM FOR DLA EXECUTIVE BOARD 

SUBJECT: Leader-Led Scenario-Based Annual Ethics Training Program - Summer/Fall 2022

Leaders, it is time again for the Leader-Led Scenario-Based Annual Ethics Training 

Program where we will emphasize to the workforce the ethics rules and core values that provide 

the framework for all that we do in support of the Warfighter and our Nation. Secretary Austin 

leads his own training and has again mandated leaders at all levels to personally participate in 

their training as well. I expect you and your teams to personally engage in the training created 

by our Office of the General Counsel. It is important that employees see their leaders 

emphasizing the ethics program and our commitment to preserving the trust of the American 

taxpayer. 

Here at HQs, our counsel will partner with leadership for eight plenary sessions over four 

months from August through November. We will broadcast the training on Zoom.gov with 

interactive scenarios where the participants will be asked to provide responses through voting 

buttons. All Directors are encouraged to have their own personnel attend their leader-led 

training sessions. The Office of the General Counsel, the MSC ChiefCounsel Offices and the 

Regional Command counsel are available to support the venues and format you choose for the 

training, subject of course to counsel availability. Training must be completed by November 30, 

2022, for all required OGE 450 filers and OGE 278, public filers. 

For more information, please contact Mr. Claes Lewenhaupt at 

Claes.Lewenhaupt@dla.mil or call 571-767-6089. 

�c� 

M. C. SKUBIC

Vice Admiral, SC, USN

Director