alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

For the Eighth Circuit 

___________________________

No. 23-3366

___________________________ 

United States of America

 Plaintiff - Appellee

v.

Kyrell Deshawn Wells

 Defendant - Appellant

____________

Appeal from United States District Court 

for the Southern District of Iowa - Western

____________ 

Submitted: May 6, 2024

Filed: August 12, 2024

[Unpublished]

____________ 

Before SMITH, KELLY, and KOBES, Circuit Judges. 

____________

PER CURIAM.

Kyrell Deshawn Wells sold 500 to 1,000 fentanyl pills a day in Omaha, 

Nebraska, from December 2021 until his arrest in August 2022. He pleaded guilty 

to conspiring to distribute 400 grams or more of a fentanyl mixture or 100 grams or 

more of a fentanyl-analogue mixture, 21 U.S.C. §§ 841(a)(1), (b)(1)(A), and 846. 
-2- 

The district court1 varied down from a Guidelines sentence of life in prison and 

imposed a 360-month sentence. Wells appeals, challenging the substantive 

reasonableness of his sentence. 

We review a sentence’s substantive reasonableness for abuse of discretion. 

United States v. Cullar, 104 F.4th 686, 690 (8th Cir. 2024). A district court abuses 

its discretion when it “fails to consider a relevant factor that should have received 

significant weight, gives significant weight to an improper or irrelevant factor, or 

commits a clear error of judgment in weighing the appropriate factors.” Id. (citation 

omitted). We presume that a below-Guidelines sentence is reasonable. United 

States v. Barraza, 982 F.3d 1106, 1116 (8th Cir. 2020). 

Wells has not overcome that presumption. He argues that the district court

gave too much weight to his “frivolous” challenges to the drug-quantity and 

leadership-role findings, his decision to not cooperate with the Government, and his 

obstructive conduct while in jail, while not giving enough weight to his personal 

characteristics. The district court explained that Wells’s failure to accept 

responsibility and his obstructive conduct led to a higher offense level, see U.S.S.G. 

§§ 3E1.1, 3C1.1, and distinguished Wells from his codefendants who had received 

shorter sentences. The record also shows that the district court considered Wells’s 

relative youth—he was only twenty at sentencing—and his upbringing, which was 

filled with substance abuse, physical and emotional abuse, and gun violence. What 

drove Wells’s sentence was his lengthy criminal history and his “horrifyingly high 

guideline range,” not any clear error in judgment in weighing the sentencing factors. 

We affirm the district court’s judgment. Defense counsel’s motion to 

withdraw is denied without prejudice. See 8th Cir. R. 27B(b). 

______________________________

1

The Honorable Stephanie M. Rose, Chief Judge, United States District Court 

for the Southern District of Iowa.
No. 09-8218.

#### Ivory Dean Perdue, Petitioner v. United States.

559 U.S. 951, 130 S. Ct. 1537,

176 L. Ed. 2d 133,

2010 U.S. LEXIS 1460.

February 22, 2010.

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

Same case below, 572 F.3d 288.
# C_2016359EN.01000101.xml

| 30.9.2016 | EN | Official Journal of the European Union | C 359/1 |
| --- | --- | --- | --- |

30.9.2016

EN

Official Journal of the European Union

C 359/1

---

Notice for the attention of persons subject to the restrictive measures provided for in Council Decision 2013/255/CFSP and in Council Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

(2016/C 359/01)

The following information is brought to the attention of the persons designated in Annex I to Council Decision 2013/255/CFSP (1), as implemented by Council Implementing Decision (CFSP) 2016/1746 (2), and in Annex II to Council Regulation (EU) No 36/2012 (3), as implemented by Council Implementing Regulation (EU) 2016/1735 (4), concerning restrictive measures in view of the situation in Syria.

1

2

3

4

The Council has amended the statement of reasons for Houmam Jaza’iri (no. 1), Maher Al-Assad (no. 2), Atej Najib (no. 4), Jamil Hassan (no. 10), Ghassan Ahmed Ghannan (no. 13), Munir Adanov (no. 45), Ali Abdullah Ayyub (no. 56), Fahd Jasim al-Furayj (no. 57), Zuhair Hamad (no. 62), Asma Al-Assad (no. 72), Mohammad Ibrahim Al Sha’ar (no. 107), Suleiman Al Abbas (no. 181), Ismael Ismael (no. 185), Suhayl Hassan (no. 193) and Emad Hamsho (no. 204), persons listed in Annex I to Decision 2013/255/CFSP and in Annex II to Regulation (EU) No 36/2012.

The persons concerned are hereby informed that they may present observations before 1 March 2017 to the following address:

1 March 2017

| Council of the European Union |
| --- |
| General Secretariat |
| DG C 1C |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| E-mail: sanctions@consilium.europa.eu |

Council of the European Union

General Secretariat

DG C 1C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail: sanctions@consilium.europa.eu

---

(1)  OJ L 147, 1.6.2013, p. 14.

1

(2)  OJ L 264, 30.9.2016, p 30.

2

(3)  OJ L 16, 19.1.2012, p. 1.

3

(4)  OJ L 264, 30.9.2016, p. 1.

4

---
**Exhibit 32.2**

 

**CERTIFICATIONPURSUANT TO**

**18U.S.C. SECTION 1350,**

**ASADOPTED PURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

Pursuant to 18 U.S.C. § 1350 (adopted pursuantto §906 of the Sarbanes-Oxley Act of 2002), I, the undersigned Chief FinancialOfficer of Dakota Growers Pasta Company, Inc. (the “Company”), herebycertify that the Quarterly Report on Form 10-Q of the Company for thequarterly period ended April 30, 2009 (the “Report”) fully complies withthe requirements of section 13(a) or 15(d) of the Securities ExchangeAct of 1934, as amended, and that information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperation of the Company.

 

Date:  June 12,2009

 
|     | /s/  Edward O. Irion       |
|----------|----------------------------|
|     |                       |
|     | Edward  O. Irion           |
| * * | *Chief  Financial Officer* |

 

1

----
<PAGE>   1
                                                                      EXHIBIT 11

                                                                              
                        EARNINGS PER SHARE COMPUTATIONS
                      (IN THOUSANDS EXCEPT PER SHARE DATA)
<TABLE>
<CAPTION>
                                                                              1998           1997           1996
                                                                              ----           ----           ----
<S>                                                                         <C>            <C>            <C>
EARNING PER COMMON AND DILUTIVE
  POTENTIAL COMMON SHARE:
  Income Before Extraordinary Item                                           $29,602        $21,662        $11,887
                                                                             =======        =======        =======
  Net Income                                                                 $29,602        $21,204        $10,501
                                                                             =======        =======        =======
  Shares:
  Weighted average number of common
     shares outstanding - Basic                                               26,294         21,374         18,523
  Effect of dilutive securities (a):
     Stock options                                                               607            736            536
     Warrants                                                                                   385            441
                                                                             -------        -------        -------
   Adjusted common shares - Diluted                                           26,901         22,495         19,500
                                                                             =======        =======        =======

EARNINGS PER SHARE - DILUTED:
  Income Before Extraordinary Item                                           $  1.10        $  0.96        $  0.61
                                                                             =======        =======        =======
  Net Income                                                                 $  1.10        $  0.94        $  0.54
                                                                             =======        =======        =======

</TABLE>

(a)      Shares issuable were derived using the "Treasury Stock Method" for all
dilutive potential shares.
No. 10-10755.

#### James Forney, Petitioner v. Florida.

565 U.S. 1185, 132 S. Ct. 1163,

2012 U.S. LEXIS 950.

181 L. Ed. 2d 1032,

January 23, 2012.

Petition for rehearing denied.

Former decision, 565 U.S. 848, 132 S. Ct. 168, 181 L. Ed. 2d 81, 2011 U.S. LEXIS 6546.
No. D-2622.

#### In the Matter of Discipline of David S. Moynihan.

565 U.S. 1107, 132 S. Ct. 1087,

181 L. Ed. 2d 805,

2012 U.S. LEXIS 503.

January 9, 2012.

David S. Moynihan, of San Diego, California, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.
No. 09-8703.

#### Gabriele Lopez, Petitioner v. United States.

559 U.S. 984, 130 S. Ct. 1718,

176 L. Ed. 2d 200,

2010 U.S. LEXIS 1949.

March 1, 2010.

Petition for writ of cer-tiorari to the United States Court of Appeals for the Ninth Circuit denied.

Same case below, 577 F.3d 1053.
No. 11-595.

#### Life Partners, Inc., et al., Petitioners v. United States.

565 U.S. 1158, 132 S. Ct. 1104,

181 L. Ed. 2d 980,

2012 U.S. LEXIS 711.

January 17, 2012.

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

Same case below, 650 F.3d 1026.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Agriculture

###### Forest Service 

# AGENCY:

North Central Idaho Resource Advisory Committee, Grangeville, Idaho, USDA, Forest Service. 

# ACTION:

Notice of meeting. 

# SUMMARY:

Pursuant to the authorities in the Federal Advisory Committee Act (Pub. L. 92-463) and under the Secure Rural Schools and Community Self-Determination Act of 2000 (Pub. L. 110-343) the Nez Perce and Clearwater National Forests' North Central Idaho Resource Advisory Committee will meet Wednesday, March 25th, 2009 in Grangeville, Idaho for a business meeting. The meeting is open to the public. 

# SUPPLEMENTARY INFORMATION:

The business meeting on March 25th will be held at the Super 8 motel in Grangeville, Idaho, beginning at 10 a.m. (PST). Agenda topics will include reviewing new law, election of chairperson and discussion of potential projects. A public forum will begin at 3:15 p.m. (PST). 

# FOR FURTHER INFORMATION CONTACT:

Laura A. Smith, Public Affairs Officer and Designated Federal Officer, at (208) 983-5143. 

Dated: February 23, 2009. 

Thomas K. Reilly, 

Forest Supervisor. 

 [FR Doc. E9-4344 Filed 3-2-09; 8:45 am] 

BILLING CODE 3410-11-M
No. 11-7745.

#### Richard R. Gates, Petitioner v. E. K. McDaniel, Warden, et al.

565 U.S. 1182, 132 S. Ct. 1153,

181 L. Ed. 2d 1025,

2012 U.S. LEXIS 972.

January 23, 2012.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Labor

###### Employment and Training Administration 

          - [TA-W-65,299] 

      ( print page 9435)    
Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on February 19, 2009 in response to a petition filed by the United Steelworkers of America, Local 1299 on behalf of workers of United States Steel Great Lakes Works, Ecorse, Michigan. 

The petitioning group of workers is covered by an earlier petition (TA-W-64,773) filed on December 19, 2008 that is the subject of an ongoing investigation for which a determination has not yet been issued. Further investigation in this case would duplicate efforts and serve no purpose; therefore the investigation under this petition has been terminated. 

Signed in Washington, DC, this 24th day of February 2009. 

 Linda G. Poole, 

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. E9-4551 Filed 3-3-09; 8:45 am] 

BILLING CODE 4510-FN-P
I 

116TH CONGRESS 

1ST SESSION H. R. 3207 

To designate the facility of the United States Postal Service located at 

114 Mill Street in Hookstown, Pennslyvania, as the ‘‘Staff Sergeant 

Dylan Elchin Post Office Building’’. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 11, 2019 

Mr. LAMB (for himself, Ms. WILD, Mr. FITZPATRICK, Mr. RESCHENTHALER, 

Mr. KELLY of Pennsylvania, Mr. THOMPSON of Pennsylvania, and Mr. 

MICHAEL F. DOYLE of Pennsylvania) introduced the following bill; which 

was referred to the Committee on Oversight and Reform 

A BILL 

To designate the facility of the United States Postal Service 

located at 114 Mill Street in Hookstown, Pennslyvania, 

as the ‘‘Staff Sergeant Dylan Elchin Post Office Building’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. STAFF SERGEANT DYLAN ELCHIN POST OFFICE 

4 BUILDING. 

5 (a) DESIGNATION.—The facility of the United States 

6 Postal Service located at 114 Mill Street in Hookstown, 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 3207 IH

1 Pennsylvania, shall be known and designated as the ‘‘Staff 

2 Sergeant Dylan Elchin Post Office Building’’. 

3 (b) REFERENCES.—Any reference in a law, map, reg4 ulation, document, paper, or other record of the United 

5 States to the facility referred to in subsection (a) shall 

6 be deemed to be a reference to the ‘‘Staff Sergeant Dylan 

7 Elchin Post Office Building’’. 

Æ 


kjohnson on DSK79L0C42 with BILLS
No. 11-5999.

#### Ricardo Gonzalez, Petitioner v. Kenneth S. Tucker, Secretary, Florida Department of Corrections.

565 U.S. 982, 132 S. Ct. 543,

181 L. Ed. 2d 356,

2011 U.S. LEXIS 7891.

October 31, 2011.

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

Same case below, 629 F.3d 1219.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Interior

###### National Park Service 

# AGENCY:

National Park Service, Interior. 

# ACTION:

Notice of May 2, 2009 Meeting. 

# SUMMARY:

This notice sets forth the date of the May 2, 2009 meeting of the Flight 93 Advisory Commission. 

# DATES:

The public meeting of the Advisory Commission will be held on Saturday, May 2, 2009 from 10 a.m. to 1 p.m. (Eastern). The Commission will meet jointly with the Flight 93 Memorial Task Force. 

*Location:*                         The meeting will be held at the Somerset County Courthouse, Court Room #1, located at 111 E. Union Street, Somerset, PA 15501.                     

*Agenda:*

The May 2, 2009 joint Commission and Task Force meeting will consist of: 

1. Opening of Meeting and Pledge of Allegiance. 

2. Review and Approval of Commission Minutes from February 7, 2009. 

3. Reports from the Flight 93 Memorial Task Force and National Park Service. Comments from the public will be received after each report and/or at the end of the meeting. 

4. Old Business. 

5. New Business. 

6. Public Comments. 

7. Closing Remarks. 

# FOR FURTHER INFORMATION CONTACT:

Joanne M. Hanley, Superintendent, Flight 93 National Memorial, 109 West Main Street, Somerset, PA 15501, 814.443.4557. 

# SUPPLEMENTARY INFORMATION:

The meeting will be open to the public. Any member of the public may file with the Commission a written statement concerning agenda items. Address all statements to: Flight 93 Advisory Commission, 109 West Main Street, Somerset, PA 15501. 

Dated: February 12, 2009. 

Joanne M. Hanley, 

Superintendent, Flight 93 National Memorial. 

 [FR Doc. E9-4574 Filed 3-3-09; 8:45 am] 

BILLING CODE 4310-70-P
```

[Federal Register Volume 74, Number 41 (Wednesday, March 4, 2009)]
[Notices]
[Page 9467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4358]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Request Revision From the Office of 
Management and Budget of a Currently Approved Information Collection 
Activity, Request for Comments; Congestion and Delay Reduction at 
Chicago's O'Hare International Airport

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: The FAA invites public comments about our intention to request 
the Office of Management and Budget (OMB) to approve a current 
information collection. The final rule addresses persistent flight 
delays due to over-scheduling at Chicago O'Hare International Airport.

DATES: Please submit comments by May 4, 2009.

FOR FURTHER INFORMATION CONTACT: Carla Mauney on (202) 267-9595, or by 
e-mail at: [email protected].

SUPPLEMENTARY INFORMATION: Federal Aviation Administration (FAA).
    Title: Congestion and Delay Reduction at Chicago's O'Hare 
International Airport.
    Type of Request: Extension without change of an approved 
collection.
    OMB Control Number: 2120-0716.
    Form(s): There are no FAA forms associated with this collection.
    Affected Public: A total of 32 respondents.
    Frequency: The information is collected every two months.
    Estimated Average Burden per Response: Approximately 37 minutes per 
response.
    Estimated Annual Burden Hours: An estimated 1,183 hours annually.
    Abstract: The final rule addresses persistent flight delays due to 
over-scheduling at Chicago O'Hare International Airport.

ADDRESSES: Send comments to the FAA at the following address: Ms. Carla 
Mauney, Room 712, Federal Aviation Administration, IT Enterprises 
Business Services Division, AES-200, 800 Independence Ave., SW., 
Washington, DC 20591.
    Comments are Invited on: Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the Department, including whether the information will have practical 
utility; the accuracy of the Department's estimates of the burden of 
the proposed information collection; ways to enhance the quality, 
utility and clarity of the information to be collected; and ways to 
minimize the burden of the collection of information on respondents, 
including the use of automated collection techniques or other forms of 
information technology.

    Issued in Washington, DC, on February 24, 2009.
Carla Mauney,
FAA Information Collection Clearance Officer, IT Enterprises Business 
Services Division, AES-200.
[FR Doc. E9-4358 Filed 3-3-09; 8:45 am]
BILLING CODE 4910-13-M
```
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4826 Introduced in House (IH)]

109th CONGRESS
  2d Session
                                H. R. 4826

To extend through December 31, 2006, the authority of the Secretary of 
 the Army to accept and expend funds contributed by non-Federal public 
            entities to expedite the processing of permits.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 1, 2006

 Mr. Baird (for himself, Mr. Doolittle, Mr. Dicks, Mrs. Tauscher, Mr. 
  Inslee, Mr. Larsen of Washington, Mr. Hastings of Washington, Miss 
  McMorris, Mr. McDermott, Mr. Reichert, Mr. Smith of Washington, Mr. 
   Thompson of California, Mr. Daniel E. Lungren of California, Mr. 
   Herger, Ms. Matsui, Mr. Simpson, Ms. Hooley, Mr. Blumenauer, Mr. 
 DeFazio, Mr. Otter, Mr. Walden of Oregon, and Mr. Wu) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL

 
To extend through December 31, 2006, the authority of the Secretary of 
 the Army to accept and expend funds contributed by non-Federal public 
            entities to expedite the processing of permits.

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

SECTION 1. FUNDING TO PROCESS PERMITS.

    Section 214(c) of the Water Resources Development Act of 2000 (33 
U.S.C. 2201 note; 114 Stat. 2594; 117 Stat. 1836; 119 Stat. 2169) is 
amended by striking ``March 31, 2006'' and inserting ``December 31, 
2006''.
                                 <all>
```
No. 09-8535.

#### David Winters, Petitioner v. United States Parole Commissioner, et al.

559 U.S. 959, 130 S. Ct. 1559,

176 L. Ed. 2d 146,

2010 U.S. LEXIS 1287.

February 22, 2010.

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

Same case below, 320 Fed. Appx. 697.