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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

LEONA LOUISE SUTTON,

Defendant - Appellant.

No. 23-841

D.C. No.

2:11-cr-00151-WFN-1

Eastern District of Washington, 

Spokane

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of Washington

Wm. Fremming Nielsen, District Judge, Presiding

Submitted September 12, 2023**

Before: CANBY, CALLAHAN, and OWENS, Circuit Judges.

Leona Louise Sutton appeals from the district court’s judgment and 

challenges the six-month sentence imposed upon the second revocation of her 

supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Sutton contends that the sentence is substantively unreasonable in light of 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

SEP 21 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 23-841

the nature of her supervision violation and her mitigating circumstances. We 

conclude that the district court did not abuse its discretion. See Gall v. United 

States, 552 U.S. 38, 51 (2007). The within-Guidelines sentence, to be followed by 

no further supervision, is substantively reasonable in light of the 18 U.S.C. 

§ 3583(e) sentencing factors and the totality of the circumstances. See Gall, 552 at 

51. 

AFFIRMED.
Exhibit 21.1

SUBSIDIARIES OF DTS, INC.  AS OF DECEMBER 31, 2008

JURISDICTION OF
INCORPORATION OR
ORGANIZATIONSUBSIDIARIES OF DTS, INC.:DTS (BVI) Limited

British Virgin IslandsDTS Canada Holdings, Inc.

Delawaredts Japan KK

JapanDTS Washington LLC

DelawareSUBSIDIARIES OF DTS (BVI) LIMITED:DTS (ASIA) Limited

Hong KongDTS China Holding Limited

British Virgin IslandsDTS (BVI) AZ Research Limited

British Virgin IslandsDTS Licensing Limited

Republic of IrelandSUBSIDIARY OF DTS LICENSING LIMITED:DLLNI LIMITED

England and WalesSUBSIDIARY OF DTS CHINA HOLDING LIMITED:DTS China Licensing (Hong Kong) Limited

Hong KongSUBSIDIARY OF DTS CHINA LICENSING (HONG KONG) LIMITED:Guangzhou DTS Digital Theater System, Co. Ltd.

People's Republic of ChinaSUBSIDIARY OF DTS CANADA HOLDINGS, INC.:DTS Canada ULC

CanadaSUBSIDIARIES OF DTS (Asia) LIMITED:DTS Korea Liaison Office

South KoreaBeijing DTS Digital Theater Systems Limited

BeijingDTS Taiwan

Taiwan


---



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Exhibit 99.1

                            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 Hartland  Investments,  Inc.on Form
10-Q for the  period  ending  March 31,  2002 as filed with the  Securities  and
Exchange  Commission  on the date hereof (the  "Report"),  I Gust Kepler,  Chief
Executive Officer and Chief Financial Officer of the Company,  certify, pursuant
to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the  Sarbanes-Oxley Act
of 2002, that to the best of my knowledge and belief:

         (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/ Gust Kepler
---------------
Gust Kepler

Chief Executive Officer and Chief Financial Officer

October 22, 2002
Kathryn Lee FRIEDMAN, LMHC, Appellant, v. DEPARTMENT OF HEALTH, BOARD OF CLINICAL SOCIAL WORK, MARRIAGE AND FAMILY THERAPY, AND MENTAL HEALTH COUNSELING, Appellee.

No. 4D17-3896

District Court of Appeal of Florida, Fourth District.

[October 18, 2018]

Richard H. Levenson and Abby M. Spears of Nason, Yeager, Gerson, White & Lioce, P.A., Palm Beach Gardens, for appellant.

Christine E. Lamia, Tallahassee, for appellee.

Per Curiam.

*Affirmed.*

Taylor, Conner and Kuntz, JJ., concur.
Dara G. OSTANE, Appellant, v. STATE of Florida, Appellee.

Case No. 5D17-3087

District Court of Appeal of Florida, Fifth District.

Decision filed February 27, 2018

Dara G. Ostane, Wewahitchka, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED.

TORPY, WALLIS and EDWARDS, JJ., concur.
##### 



EXHIBIT 99.1 Report of Independent Accountants To the Board of Directors of Triad Financial Corporation,
JPMorgan Chase Bank, Indenture Trustee and Backup Servicer,
Wilmington Trust Company, Owner Trustee,
Ambac Assurance Corporation, Insurer: Re: Sale and Servicing Agreement among Triad Automobile Receivables Trust
2003-A, as Issuer, Triad Financial Special Purpose LLC, as Depositor, Triad
Financial Corporation as Servicer and Custodian, and JPMorgan Chase Bank, as
Backup Servicer and Indenture Trustee, dated as of March 1, 2003 We have examined managements assertion about Triad Financial Corporations
(Triad) compliance with the minimum servicing standards identified in the
Mortgage Bankers Association of Americas Uniform Single Attestation Program
for Mortgage Bankers(USAP), to the extent such procedures are applicable as
of and for the year ended December 31, 2003 included in the accompanying
management assertion (Exhibit I). Management is responsible for Triads
compliance with those minimum servicing standards. Our responsibility is to
express an opinion on managements assertion about Triads compliance based on
our examination. Our examination was made in accordance with attestation standards established
by the American Institute of Certified Public Accountants and, accordingly,
included examining, on a test basis, evidence about Triads compliance with the
minimum servicing standards and performing such other procedures as we
considered necessary in the circumstances. We believe that our examination
provides a reasonable basis for our opinion. Our examination does not provide
a legal determination of Triads compliance with the minimum servicing
standards. In our opinion, managements assertion that Triad has complied with the
aforementioned minimum servicing standards as of and for the year ended
December 31, 2003 is fairly stated, in all material respects. /s/ PricewaterhouseCoopers LLP Detroit, Michigan
March 8, 2004 7




---



##### 



Exhibit ITO EXHIBIT 99.1 Managements Assertion Concerning Compliance
with USAP Minimum Servicing Standards March 8, 2004 Re: Sale and Servicing Agreement among Triad Automobile Receivables Trust
2003-A, as Issuer, Triad Financial Special Purpose LLC, as Depositor, Triad
Financial Corporation, as Servicer and Custodian, and JPMorgan Chase Bank, as
Backup Servicer and Indenture Trustee, dated as of March 1, 2003 As of and for the year ended December 31, 2003, Triad Financial Corporation has
complied in all material respects with the minimum servicing standards set
forth in the Mortgage Bankers Association of Americas Uniform Single
Attestation Program for Mortgage Bankers(USAP), to the extent such
procedures are applicable. /S/ James M. Landy    /S/ Mike L. Wilhelms    /S/ Robert E. Whitaker   8
### UNPUBLISHED



# UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT



#  U NITED S TATES OF A MERICA ,

Plaintiff-Appellee,

v. No. 02-4266



# 
B ERKLEY O LIVERW OMACK ,

Defendant-Appellant. 

# 
Appeal from the United States District Court for the Western District of North Carolina, at Asheville.

Lacy H. Thornburg, District Judge.

(CR-01-28) Submitted: July 17, 2002 Decided: July 30, 2002 Before LUTTIG, TRAXLER, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

COUNSEL Randolph Marshall Lee, Charlotte, North Carolina, for Appellant. Robert J. Conrad, Jr., United States Attorney, Thomas R. Ascik, Assistant United States Attorney, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).OPINION
PER CURIAM: Berkley Oliver Womack pled guilty to one count of conspiracy to possess with intent to distribute LSD in violation of 21 U.S.C.A. §§ 841(a)(1), 846 (West 1999 & Supp. 2002). On appeal, Womack contends the district court abused its discretion by increasing by fourlevels his offense level for being a manager or organizer in the conspiracy. See U.S. Sentencing Guidelines Manual § 3B1.1(a) (2000). Finding no reversible error, we affirm. The district court’s finding that Womack acted as an organizer or manager is reviewed for clear error. United States v. Daughtrey , 874 F.2d 213, 217 (4th Cir. 1989). Due deference is given to the court’s assessment of the witnesses’ credibility. United States v. Williams , 977 F.2d 866, 870 (4th Cir. 1992). In addition, the court is free toadopt the factual findings contained in the PSR without more explanation. United States v. Terry , 916 F.2d 157, 162 (4th Cir. 1990). At sentencing, the court is permitted to consider hearsay testimony and other evidence that has a sufficient indicia of reliability. United States v. Uwaeme , 975 F.2d 1016, 1021 (4th Cir. 1992).We reject Womack’s argument that the district court abused its discretion by not crediting his testimony and being more receptive to information provided by a coconspirator. We find the court’s findings were not clearly erroneous. There was sufficient evidence showing that Womack was more than merely a buyer and seller of LSD. See United States v. Sayles , __ F.3d __, 2002 WL 1473216, *5 (4th Cir. July 10, 2002). Accordingly, we affirm the conviction and sentence. We dispensewith oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
AFFIRMED 2 U NITED S TATES v. W OMACK
<PAGE>

                                                                    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

     Pursuant to Section 1350, Chapter 63 of Title 18, United State Code, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the
undersigned, as Chief Financial Officer of CNB Financial Services, Inc. (the
"Company"), does hereby certify that:

     (1)  The Company's Quarterly Report on Form 10-Q for the period ended
          September 30, 2007 (the "Report"), fully complies with the requirement
          of section 13(a) or 15(d) of the Securities Act of 1934; and

     (2)  The information contained in the Company's Report fairly presents, in
          all material respects, the financial condition and result of
          operations of the Company.


                                        /s/ Rebecca S. Stotler
                                        ----------------------------------------
                                        Rebecca S. Stotler
                                        Chief Financial Officer
                                        November 13, 2007


                                       32
James MCCLINTON, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-240

District Court of Appeal of Florida, Fifth District.

Decision filed May 8, 2018 Rehearing Denied June 6, 2018

James McClinton, Zephyrhills, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED.

PALMER, ORFINGER and EISNAUGLE, JJ., concur.
Sooksiri RITTIRUCKSA, Appellant, v. Patricia Ann BARRETTE, Individually and as Personal Representative of the Estate of William B. Lowe, Appellee.

Case No. 5D18-849

District Court of Appeal of Florida, Fifth District.

Opinion filed October 12, 2018

Christian W. Waugh, Orlando, of Waugh Law, P.A., The Villages, for Appellant.

Todd J. Mazenko and Adam M. Trumbly, of Bowen, Schroth, Mazenko & Broome, P.A., Eustis, for Appellee.

PER CURIAM.

Sooksiri Rittirucksa appeals a non-final order granting a temporary injunction in favor of Patricia Barrette in a probate proceeding. We reverse and remand for an evidentiary hearing.

To obtain injunctive relief, Barrette was required to establish the likelihood that she would suffer irreparable harm, the unavailability of an adequate remedy at law, a substantial likelihood of her success on the merits, and consideration of the public interest. *Avalon Legal Info. Servs., Inc. v. Keating*, 110 So.3d 75, 80 (Fla. 5th DCA 2013). Barrette's motion for injunctive relief was unsworn, and thus, the trial court was required to conduct an evidentiary hearing prior to granting injunctive relief. *See**Delbrouck v. Eberling*, 177 So.3d 66, 68-69 (Fla. 4th DCA 2015) (reversing and remanding for an evidentiary hearing because trial court issued temporary injunction without taking evidence). Furthermore, in granting a temporary injunction, the trial court must make factual findings to allow for a meaningful review on appeal. *Salazar v. Hometeam Pest Def., Inc.*, 230 So.3d 619, 621-22 (Fla. 2d DCA 2017). Neither occurred in this case.

Accordingly, we reverse the injunction and remand for the trial court to hold an *1195evidentiary hearing and enter an order with sufficient factual findings.1

REVERSED AND REMANDED.

COHEN, C.J., ORFINGER and WALLIS, JJ., concur.

1

Because we reverse the injunction on these grounds, we do not find it necessary to address the remaining issues raised.
Exhibit 31.2

                           ANNUAL COMPLIANCE REPORT

         I, David J. Kolibachuk, being an officer of U.S. Bank Trust National
Association, the Trustee in respect of the Corporate Backed Trust
Certificates, Altria Debenture-Backed Series 2003-8 Trust (the "Trust"),
certify that:

     1.  I have reviewed this annual report on Form 10-K in respect of the
         Trust and all reports on Form 8-K containing distribution or
         servicing reports of the Trust filed by Lehman ABS Corporation in
         respect of periods included in the year covered by this annual report
         of the Trust;

     2.  Based on my knowledge, the information in those reports, taken as a
         whole, 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 as of the last day of the period covered by this
         annual report;

     3.  Based on my knowledge, the distribution information required to be
         provided to the Depositor or the certificateholders by the Trustee
         under the pooling and servicing or similar agreement for inclusion in
         such distribution reports is included in such reports; and

     4.  I am responsible for reviewing the activities performed by the
         Trustee under the pooling and servicing or similar agreement and
         based on my knowledge, except as disclosed in such reports, the
         Trustee has fulfilled its obligations under that agreement.



Date: March 27, 2006


         /s/ DAVID J. KOLIBACHUK
----------------------------------------
David J. Kolibachuk, Vice President




                                      8
EXHIBIT
10.49a





SECOND
AMENDMENT TO


6%
PROMISSORY NOTES





SECOND AMENDMENT TO 6% PROMISSORY
NOTES, is dated as of April 16, 2009; made by and between Delta Mutual, Inc., a
Delaware corporation, with its principal offices located at 14301 North 87th
Street, #310, Scottsdale, AZ 85260 (the “Company”) and Security Systems
International, Inc., a Delaware corporation, (the “Lender”) with a mailing
address of 9034 East Caribbean Lane, Scottsdale, AZ
85260.  Capitalized terms used herein and not otherwise defined herein
shall have the meaning assigned to such term in the Original Notes.





WHEREAS, the Company and the Lender are
parties to those certain 6% Promissory  Notes, dated March 6, 2008;
April 15, 2008; and May 14 2008, all as
amended,  (collectively, the “Original Notes”), pursuant to
which the Company has borrowed, in the aggregate, the amount
of  $136,900 from the Lender;





WHEREAS, the Original Notes provided
that the Maturity Dates shall be April 17, 2009 and the Company and the Lender
have agreed to amend Section 1.4 of the Original Notes; and





WHEREAS, in accordance with the terms
and conditions of the Original Notes, the Company and the Lender hereby approve
the amendment of the Original Notes as set forth herein.





NOW, THEREFORE, in consideration of the
foregoing and the mutual covenants contained herein, the parties agree as
follows:





1. By their
respective execution of this SECOND AMENDMENT, the Company and the
Lender agree that Section 1.4 of each of the Original Notes is hereby amended to
read in its entirety as follows: “Maturity Date” shall the date on which the
Company receives demand for payment in writing from the
Lender;  and





2.  Except as
expressly provided herein, the Original Notes shall continue in full force and
effect.





3. This
SECOND AMENDMENT may be executed by facsimile and in counterparts,
which taken together, shall be deemed an original and shall constitute a single
AMENDMENT.





4. IN
WITNESS WHEREOF, the Company and the Lender have caused this SECOND
AMENDMENT to be executed as of the date first written above.





DELTA
      MUTUAL, INC.
            
            SECURITY
      SYSTEMS INTERNATIONAL, INC.(COMPANY)
            
            (LENDER)By:
            /s/
      Martin G. Chilek
            
            By:
            /s/
      Malcolm W. ShermanMartin
      G. Chilek
            
            
            Malcolm
      W. ShermanSr.
      Vice President
            
            
            President
Exhibit 99.1

CERTIFICATION



The undersigned, being an officer of U.S. Bank Trust National Association, as trustee (the Trustee) of the Select Notes Trust LT 2003-2 (the Trust) hereby makes the following certifications for inclusion as an exhibit to the Trusts annual report on Form 10-K for the fiscal year ended December 31, 2010(the Annual Report):



1.         The Trustee is the trustee under the Trusts trust agreement.



2.         Based on my knowledge, for the period covered by the Annual Report, the Trustee has fulfilled its obligations under the Trusts trust agreement.







/s/ Jon C. Warn

Name:   Jon C. Warn

Title:     Vice President

Date:     March 9, 2011






---
Exhibit 23.1




                          Independent Auditors' Consent


The Board of Directors
Anteon International Corporation and subsidiaries:

We consent to the incorporation by reference in the registration  statement (No.
333-111249) on Form S-3 of Anteon International  Corporation and subsidiaries of
our report dated  February 17, 2004,  with respect to the  consolidated  balance
sheets of Anteon  International  Corporation and subsidiaries as of December 31,
2003  and  2002,  and  the  related   consolidated   statements  of  operations,
stockholders'  equity (deficit) and  comprehensive  income (loss) and cash flows
for each of the years in the three-year  period ended December 31, 2003, and all
related financial statement schedules,  which report appears in the December 31,
2003,  annual  report  on Form  10-K of  Anteon  International  Corporation  and
subsidiaries.

Our report dated February 17, 2004 contains an explanatory paragraph that stated
that effective  January 1, 2002, the Company adopted the provisions of Statement
of  Financial   Accounting  Standards  ("SFAS")  No.  142,  Goodwill  and  Other
Intangibles.

Our report dated February 17, 2004 also contains an  explanatory  paragraph that
states  that  effective  January  1,  2003 the  Company  adopted  SFAS No.  145,
Rescission of FASB  Statements No. 4, 44 and 64,  Amendment to FASB Statement 13
and Technical Corrections.

KPMG LLP


McLean, Virginia
March 4, 2004