alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 The Honorable G. Thomas Eisele, United St ates District Judge for the Eastern District of Arkansas. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 09-1396

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. Juan Malagon-Avila, * * [UNPUBLISHED] Appellant. *

__________ Submitted: November 16, 2009 Filed: December 4, 2009

___________ Before WOLLMAN, RILEY, and SHEPHERD, Circuit Judges.

___________ PER CURIAM. Juan Malagon-Avila (Malagon-Avila) pled guilty to reentering the United States illegally after a prior deportation, in violation of 8 U.S.C. § 1326(a). The district court 1 sentenced Malagon-Avila to 12 months imprisonment for his crime. Malagon-Avila appeals his sentence.
Malagon-Avila argues the district cour t abused its discretion by (1) failing adequately to explain the reasons for c hoosing his sentence, and (2) ignoring the-2- disparity between his sentence and the sent ences of similarly situated defendants. Malagon-Avila stresses the advisory United States Sentencing Guidelines (Guidelines) recommended a sentence between 0 and 6 months imprisonment.

The district court did not abuse its discretion. See United States v. Feemster , 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (s etting forth standard of review). The record reveals the district court explained, with sufficient specifi city, the reasons for the sentence the court imposed. The di strict court emphasized Malagon-Avila’s extensive criminal record, re flecting arrests in thirteen different states, and use of thirty-one aliases, ten phony dates of birth, and nine bogus social security numbers. See United States v. Barrett , 552 F.3d 724, 726-27 (8th Cir. 2009) (holding 18 U.S.C. § 3553(a) permits courts to vary upward based on recidivism or underrepresented criminal history); United States v. Marquez-Pineda , 318 F. App’x 673, 675 (10th Cir. 2009) (holding the district court did not abuse its discretion in varying upward to a sentence twice the defendant’s Guidelines range, in part because the defendant used more than thirty aliases, sixt een dates of birth, and five social security numbers). We cannot say the district court’s reliance upon these relevant facts, which Malagon-Avila does not dispute, resulted in an unreasonable sentence.
We find no indication the district court ignored any possible sentencing disparity between Malagon-Avila’s sentence and the sentences of similarly situated defendants. To the contrary, the district court stated on the record at Malagon-Avila’s sentencing hearing that it considered all of the § 3553(a) factors in arriving at his sentence. Nothing more was required. See Feemster , 572 F.3d at 461 (stating district courts need not “‘provide a mechanical recitation of the § 3553(a) factors when determining a sentence’” (quoting United States v. Walking Eagle , 553 F.3d 654, 659 (8th Cir. 2009))).

We affirm.

______________________________
## Breadcrumb

-  Publications 
-  Reports 

#           Mining claim activity on federal land in the contiguous United States, 1976 through 2004      

      December 4, 2006    

Statistical compilations of mining claim activity on Federal Land derived from the Bureau of Land Management's LR2000 database have been published by the U.S Geological Survey. This report updates Causey (2005) by adding statistics for an additional year of mining claim records, incorporating any corrections in older data done by BLM, adding a Public Land Survey spatial database for South Dakota, and improving correlation of the statistics to spatial databases in Washington and Nevada.

The statistics compiled from the LR2000 database are counts of number of active mining claims in a section each year from 1976 to 2004 for all states within the contiguous United States. Claims are broken down by lode and placer types and a dataset is provided summarizing all claims including millsite and tunnel-site claims. One table presents data by case type, case status, and number of claims in a section. This report includes a spatial database for each state in which mining claims were recorded. A field is present in both datasets that allows the statistical data to be joined to the spatial databases so that spatial displays and analysis can be done using appropriate software.

The data show how mining claim activity has changed in intensity, space, and time. Variations can be examined on a state, as well as a national level. The data are tied to a section of land, approximately 640 acres, which allows it to be used at regional, as well as local scale. It is restricted in that it only encompasses Federal land.

## Citation Information

### Study Area

### Explore Search

                  - United States
                  - Arizona
                  -  Arkansas
                  -  California
                  -  Colorado
                  -  Florida
                  -  Idaho
                  -  Montana
                  -  Nebraska
                  -  Nevada
                  -  New Mexico
                  -  Oregon
                  -  South Dakota
                  -  Utah
                  -  Washington
                  -  Wyoming

View All **
Exhibit
10.34





AMENDMENT
NUMBER ONE TO


SALARY
CONTINUATION AGREEMENT





This
Amendment Number One is made as of December 30, 2008, to the Salary Continuation
Agreement dated as of March 16, 2007 (the “Agreement”), by and between Southern
Community Bank and Trust and F. Scott Bauer (“Executive”).





1.  The
Agreement is amended by adding the following Paragraph:





“7.16.    Compliance
with ESSA. To the extent that any payment under this Agreement would
constitute a prohibited parachute payment under Section 111(b)(2)(C) of the
Emergency Economic Stabilization Act of 2008 (“EESA”), the Bank agrees to pay
Executive an additional payment equal to the prohibited payment on July 1, 2012,
or if later, the earliest date when Section 111(b)(2)(C) of EESA no longer
prohibits such payment.  Such payment shall be made in a single lump
sum in cash, without interest.  The Executive may be entitled to
severance payments from multiple agreements and plans with the
Bank.  The Bank, it its sole discretion, shall determine which
payments shall be delayed in order to comply with
ESSA.   Notwithstanding anything in this paragraph to the
contrary, the additional amounts due under the Agreement shall not be paid if
the Treasury Department or other governmental agency issues guidance subsequent
to the date of this Agreement that would prohibit such payment.  A
prohibited parachute payment shall be interpreted in a manner that is consistent
with Notice 2008-TAAP, Notice 2008-94 and all other current or future guidance
issued  pursuant to Section 111(b)(2)(C) of EESA or Section 280G(e) of
the Internal Revenue Code of 1986, as amended.”





2.  No
other terms and conditions of the Agreement are affected by this
Amendment.





IN WITNESS WHEREOF, the
parties have executed this Amendment as of the day and year first written
above.




SOUTHERN
      COMMUNITY BANK AND TRUSTBy:
                      /s/ Jeff T.
      ClarkJeff
      T. Clark, President
 EXECUTIVE/s/ F. Scott
      Bauer
                          (SEAL)F.
      Scott Bauer
NUMBER 13

- 13

- 00 400

- CR



### COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

- EDINBURG

SCOTT SAMUEL MEYER

, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 2 07 th District Court

of Comal County, Texas.



### ORDER

Before Chief Justice Valdez and Justices Benavides and Longoria

Order Per Curiam

Currently pending before the Court is appellant's request to review the record in

the above

- referenced cause. Appellant's counsel has filed an Anders brief herein and

appellant has been unable to examine the record so that he can file a pro se brief.

Accordingly, it is hereby ORDERED that the trial court ensure that appellant has2

the opportunity to fully examine the appellate record on or before Febr uary 7, 2014 and it

is FURTHER ORDERED that the trial court notify this Court as to the date upon which the

appellate record was made available to appellant.

Appellant shall have thirty (30) days from the day the appellate record was first

made available to him to file his pro se brief with this Court.

PER CURIAM

Do not publish.

T EX

. R. A PP

. P. 47.2(b).

Delivered and filed the

21st day of January , 20 14

.
[Federal Register Volume 60, Number 4 (Friday, January 6, 1995)]
[Notices]
[Page 2083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X95-20106]



-----------------------------------------------------------------------
EXHIBIT 32.2





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 Quarterly Report of AcuNetx, Inc. (the “Company”) on Form 10-Q for the quarter ended March 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Robert S. Corrigan, Acting Chief Financial Officer, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge,:





(1)
The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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.





Date:  June 24, 2010




/s/ Robert S. CorriganRobert S. CorriganActing Chief Financial Officer




This Certification is being furnished solely to accompany the Report pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, and shall not be deemed "FILED" by the Company for purposes of Section 18 of the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, whether made before or after the date of this Report, irrespective of any general incorporation language contained in such filing.
|     |                                                                                                                                                                                                             |
|-----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| (a) | A review of the Servicer’s activities and of its performance under the applicable servicing agreement during the period from January 1, 2017 to December 31, 2017 has been made under my supervision. |

|     |                                                                                                                                                                                                           |
|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| (b) | To the best of my knowledge, based on such review, the Servicer has fulfilled all its obligations under the applicable servicing agreement in all material respects throughout the aforementioned period. |

|                                                                                                                                 |
|---------------------------------------------------------------------------------------------------------------------------------|
|                                                                                                                                 |
| /s/ Sumito Mulchandani                                                                                                          |
| Sumito MulchandaniAssistant Treasurer ofFord Motor Credit Company LLC,as Servicer of Ford Credit Floorplan Master Owner Trust A |
**Exhibit
      32.2**








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 Quarterly Report of International Monetary Systems, Ltd.
      ("Company") on Form 10-QSB for the period ending September 30, 2007 as filed
      with the Securities and Exchange Commission ("Report"), I, Danny W Weibling.
      Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Sec.
      1350, as adopted pursuant to Sec. 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 presents, in all material respects,
      the financial condition and result of operations of the Company.








/s/
      Danny W Weibling





Danny
      W
      Weibling


Chief
      Financial Officer





November
      14, 2007
Exhibit 32.1

CERTIFICATION OF

CHIEF EXECUTIVE OFFICER

I, Karen A. Richardson, hereby certify, pursuant to Section 1350 of Chapter 63 of
title 18, United States Code, that:



1. The annual report on Form 10-K to which this
statement is an exhibit fully complies with the requirements of Section 13(a) and 15(d) of the Securities Exchange Act of 1934; and




2. The information contained in such annual report
on Form 10-K fairly presents, in all material respects, the financial condition and results of operations of E.piphany, Inc.


|Date: March 8, 2004 |  | /s/ Karen A. Richardson Karen A. Richardson Chief
Executive Officer
|------------------- |  | -------------------------------------------------------------------

73

---

Exhibit 32.1

CERTIFICATION OF

CHIEF FINANCIAL OFFICER

I, Kevin J. Yeaman, hereby certify, pursuant to Section 1350 of Chapter 63 of title
18, United States Code, that:



1. The annual report on Form 10-K
to which this statement is an exhibit fully complies with the requirements of Section 13(a) and 15(d) of the Securities Exchange Act of 1934;
and




2. The information contained in
such annual report on Form 10-K fairly presents, in all material respects, the financial condition and results of operations of E.piphany,
Inc.


|Date: March 8, 2004 |  | /s/ Kevin J. Yeaman Kevin J. Yeaman Chief
Financial Officer
|------------------- |  | -----------------------------------------------------------

74

---
UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

FORT LAUDERDALE DIVISION

www.flsb.uscourts.gov

IN RE:

GARY WILLIAM CARLTON, Case No.: 20-20284-PDR

Debtor / Chapter 13

DEBTOR’S MOTION TO REDUCE INTEREST RATE 

WITH AMERICAN HONDA FINANCE CORPORATION

The Debtor, GARY WILLIAM CARLTON, by and through undersigned counsel, moves 

for the entry of an Order reducing the interest rate for the outstanding balance owed to American 

Honda Finance Corporation (the “Secured Creditor”) for the 2016 Honda Civic Tourist, VIN:

2HGFC1F99GH630068 (the “Vehicle”) and in support thereof, states as follows:

1. On September 23, 2020, the Debtor filed a petition for relief under Chapter 13 of the 

Bankruptcy Code.

2. At the time of the filing, the Debtor listed an ownership interest in the Vehicle, with an 

outstanding secured claim in the amount of $12,145.00 and a value of $15,225.00.

3. At the time of the purchase, the Debtor’s liability to Secured Creditor was to be paid at an 

annual interest rate of 5.55%.

4. In re: Till v. SCS Credit Corp., 541 U.S. 465 (2004) permits a Debtor to reduce the interest 

rate on the Vehicle to 2% above the prime rate.

5. On September 28, 2020, Secured Creditor filed Proof of Claim #1 with a secured claim in 

the amount of $11,052.79.

6. The Debtor’s First Amended Chapter 13 Plan (the “1AP”; DE #14) requests a full payoff 

of the Vehicle, but at a rate of 5.25%, which is 2% above the current prime interest rate of 

Case 20-20284-PDR Doc 16 Filed 10/05/20 Page 1 of 2
3.25%.

7. The Debtor requests that the interest rate to be paid to the Secured Creditor be reduced to 

the 5.25% as offered in the 1AP.

WHEREFORE, the Debtor requests the entry of an Order allowing the balance owed to 

American Honda Finance Corporation be paid at the reduced interest rate of 5.25%, throughout 

the lifetime of the proposed Plan, and for such other and further relief as this Court deems just and 

proper.

Respectfully submitted on this 5

th day of October 2020. 

VAN HORN LAW GROUP, P.A.

330 N. Andrews Ave., Suite 450

Fort Lauderdale, Florida 33301

(954) 765-3166

(954) 756-7103 (facsimile)

Chad@cvhlawgroup.com

By: /s/ Chad T. Van Horn, Esq.

Chad T. Van Horn, Esq.

 FL Bar 64500

Case 20-20284-PDR Doc 16 Filed 10/05/20 Page 2 of 2
## Breadcrumb

-  Publications 
-  Articles 

#           Recent storm and tsunami coarse-clast deposit characteristics, southeast Hawai'i      

      January 1, 2011    

Deposits formed by extreme waves can be useful in elucidating the type and characteristics of the depositional event. The study area on the southeast coast of the island of Hawaiʻi is characterized by the presence of geologically young basalts of known age that are mantled by recent wave-derived sedimentary deposits. The area has been impacted by large swells, storms and tsunamis over the last century, and in combination with known substrate ages makes this an ideal location to study recent deposits produced by such events.  Three distinct coarse-clast deposit assemblages can be recognized based on clast size, composition, angularity, orientation, packing, elevation and inland distance of the deposit. These deposits are characterized as one of three types. 1) Gravel fields of isolated clasts, primarily boulder-size material, and scattered pockets of concentrated sand and gravel in topographic lows. 2) Shore-parallel and cuspate ridges composed mostly of rounded basalt gravel and sand with small amounts of carbonate detritus. The ridges range in height from about 1 to 3 m and are 10s of m wide. 3) Cliff-top deposits of scattered angular and sub-angular clasts along sea cliffs that are generally greater than 5 m elevation. The gravel fields are primarily of tsunami origin from either the 1975 Kalapana event, or a combination of the 1975 tsunami, and 1868 tsunami or earlier events. The ridge deposits are presently active and sediment continues to be added during high wave events. The cliff-top deposits contain evidence of deposition by both tsunami and storm processes and require further investigation.

## Citation Information

### Study Area

### Explore Search

                  - United States
                  - Hawai?i
                  - Hawai'i

View All **
```

[Federal Register Volume 76, Number 177 (Tuesday, September 13, 2011)]
[Notices]
[Page 56492]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23360]

[[Page 56492]]

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

DEPARTMENT OF STATE

[Public Notice: 7579]

Culturally Significant Objects Imported for Exhibition 
Determinations: ``Antico: The Golden Age of Renaissance Bronzes''

Summary: Notice is hereby given of the following determinations: 
Pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, and Delegation of Authority No. 
236-3 of August 28, 2000 (and, as appropriate, Delegation of Authority 
No. 257 of April 15, 2003), I hereby determine that the objects to be 
included in the exhibition ``Antico: The Golden Age of Renaissance 
Bronzes,'' imported from abroad for temporary exhibition within the 
United States, are of cultural significance. The objects are imported 
pursuant to loan agreements with the foreign owners or custodians. I 
also determine that the exhibition or display of the exhibit objects at 
the National Gallery of Art, Washington, DC, from on or about November 
6, 2011, until on or about April 8, 2012, the Frick Collection, New 
York, New York, from on or about May 1, 2012, until on or about July 
29, 2012, and at possible additional exhibitions or venues yet to be 
determined, is in the national interest. I have ordered that Public 
Notice of these Determinations be published in the Federal Register.

For Further Information Contact: For further information, including a 
list of the exhibit objects, contact Paul W. Manning, Attorney-Adviser, 
Office of the Legal Adviser, U.S. Department of State (telephone: 202-
632-6469). The mailing address is U.S. Department of State, SA-5, L/PD, 
Fifth Floor (Suite 5H03), Washington, DC 20522-0505.

    Dated: September 2, 2011.
Lee A. Satterfield,
Deputy Assistant Secretary for Professional and Cultural Exchanges, 
Bureau of Educational and Cultural Affairs, Department of State.
[FR Doc. 2011-23360 Filed 9-12-11; 8:45 am]
BILLING CODE 4710-05-P
```
[Federal Register Volume 62, Number 125 (Monday, June 30, 1997)]
[Corrections]
[Page 35247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X97-50630]


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

OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 733

RIN 3206-AF78


Political Activity: Federal Employees Residing in Designated 
Localities

Correction

    In proposed rule document 97-16424, beginning on page 34017 in the 
issue of Tuesday, June 24, 1997, make the following correction:


Sec. 733.107  [Corrected]

    On page 34024, in the second column, in Sec. 733.107(c), the 
heading ``In Virignia'' should read ``In Virginia''.
BILLING CODE 1505-01-D
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

BYRON J. MOOREHEAD, )

)

Appellant, )

)

v. ) Case No. 2D19-982

)

STATE OF FLORIDA, )

)

Appellee. )

___________________________________)

Opinion filed October 30, 2019.

Appeal pursuant to Fla. R. App. P.

9.141(b)(2) from the Circuit Court 

for Hillsborough County; Samantha L.

Ward, Judge.

PER CURIAM.

Affirmed. 

SILBERMAN, MORRIS, and ATKINSON, JJ., Concur.
[Federal Register Volume 62, Number 67 (Tuesday, April 8, 1997)]
[Corrections]
[Page 16892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X97-40408]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 61

[Docket No. 26933; Amendment Nos. 61-101, 121-263, 135-67, 142-1]
RIN 2120-AA83


Aircraft Flight Simulator Use in Pilot Training, Testing, and 
Checking at Training Centers: Editorial and Other Changes

Correction

    In rule document 97-7322 beginning on page 13788, in the issue of 
Friday, March 21, 1997, make the following corrections:
    1. On page 13789, in the second column, in the third paragraph, in 
the fourth line, ``Sec. Sec. 121.414'' should read ``Sec. Sec. 121.411 
through 121.414''.
    2. On the same page, in the third column, in the last paragraph, in 
the ninth line, ``111034'' should read ``11034''.


Sec. 61.64  [Corrected]

    3. On page 13790, in the third column, in Sec. 61.64(e)(10), in the 
second line, ``(3)(9)(ii)'' should read ``(e)(9)(ii)''.


Sec. 61.129  [Corrected]

    4. On the same page, in the same column, in Sec. 61.129(b), in the 
third line, ``and'' should read ``an''.
    5. On the page 13791, in the first column, in 
Sec. 61.129(b)(1)(ii), in the first line, ``light'' should read 
``flight''. And in the third line, after ``in'' insert ``an''.
    6. On the same page, in the same column, in Sec. 61.129(b)(2)(i), 
in the fourth line, ``receiving'' should read ``received''.
BILLING CODE 1505-01-D