alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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Featured Story        March 31, 2020        Magnitude 6.5 Earthquake Felt in Central Idaho
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

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

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

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

MICHAEL LENOIR SMITH,

 Plaintiff - Appellant,

 v.

STATE OF CALIFORNIA,

 Defendant - Appellee.

No. 09-15015

D.C. No. 2:08-cv-01788-MCE

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Morrison C. England, Jr., District Judge, Presiding

Submitted August 10, 2010** 

Before: O’SCANNLAIN, HAWKINS, and IKUTA, Circuit Judges.

Michael Lenoir Smith, a California state prisoner, appeals pro se from the

district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that the

use of California’s “three strikes” law in sentencing him violated his constitutional

FILED

AUG 30 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 09-15015

rights. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Resnick

v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000), and we affirm.

The district court properly concluded that Smith’s claims may not be

pursued as part of a § 1983 action. See Heck v. Humphrey, 512 U.S. 477, 486-87

(1994).

To the extent Smith challenges the Supreme Court’s decision in Heck, we

are bound to follow that decision until it is explicitly overruled by that Court. See

Agostini v. Felton, 521 U.S. 203, 237 (1997) (lower courts should “‘leav[e] to this

Court the prerogative of overruling its own decisions’”). To the extent Smith

makes a facial challenge to California’s “three strikes” law, and has standing to do

so, the Supreme Court has upheld California’s “three strikes” law against

constitutional challenge, see Ewing v. California, 538 U.S. 11, 24-28 (2003), and

we are bound by that decision, see Agostini, 521 U.S. at 237.

AFFIRMED.
United States Court of Appeals

For the Seventh Circuit

Chicago, Illinois 60604

April 5, 2006

Before

Hon. FRANK H. EASTERBROOK, Circuit Judge

Hon. ILANA DIAMOND ROVNER, Circuit Judge

Hon. DIANE S. SYKES, Circuit Judge

No. 04-1508

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

JEROME COLEMAN,

Defendant-Appellant.

Appeal from the United States 

District Court for the 

Northern District of Illinois, 

Eastern Division.

No. 03 CR 886

Suzanne B. Conlon, 

Judge.

O R D E R

This court ordered a limited remand so the district court could state on the

record whether the sentence remains appropriate now that United States v. Booker,

543 U.S. 220 (2005), has limited the Sentencing Guidelines to advisory status. See

United States v. Paladino, 401 F.3d 471 (7th Cir. 2005). The district judge has now

replied that she would today impose the same sentence, knowing of the guidelines’

advisory status. 

Coleman filed a response in this court, arguing that his sentence of

92 months is unreasonable. Coleman’s advisory guidelines range was 78 to 

97 months. A sentence that falls within a properly calculated guidelines range is

entitled to a rebuttable presumption of reasonableness; a defendant can rebut the

presumption “only by demonstrating that his or her sentence is unreasonable when

UNPUBLISHED ORDER

Not to be cited per Circuit Rule 53
No. 04-1508 Page 2

measured against the factors set forth in [18 U.S.C.] Section 3553(a).” See United

States v. Mykytiuk, 415 F.3d 606, 608 (7th Cir. 2005).

Coleman has not rebutted the presumption. The district judge provided an

adequate explanation for the 92-month sentence, noting appropriate factors under

§ 3553(a). She considered Coleman’s argument that his personal

characteristics—specifically, his education, difficult childhood, military service and

family circumstances—warranted a more lenient sentence. The court found these

circumstances to be outweighed by the aggravated nature of Coleman’s conduct, his

abuse of his law enforcement position, the need for deterrence of predatory conduct

by law enforcement officers, and the need to assure the public that criminal conduct

by law enforcement officers will be severely punished. Additionally, the district

judge found in favor of Coleman by declining to apply an abuse-of-trust

enhancement.

We see no reason why Coleman’s sentence would be deemed unreasonable in

post-Booker practice. The judgment of the district court is AFFIRMED.
Exhibit No. 32



Certification of Steven J. Smith, Chairman and Chief Executive Officer and Paul M. Bonaiuto, Executive Vice President and
Chief Financial Officer of Journal Communications, Inc., pursuant to 18 U.S.C. Section 1350



Solely for the purposes of complying with 18 U.S.C. s.1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, we, the undersigned Chairman and Chief Executive Officer and the Executive Vice
President and Chief Financial Officer of Journal Communications, Inc. (the Company), hereby certify, based on our knowledge, that the Annual Report on Form 10-K of the Company for the year ended December 31, 2006 (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 Company.



|                                                     
|-----------------------------------------------------
|/s/ Steven J. Smith                                  
|Steven J. Smith, Chairman and Chief Executive Officer
|March 6, 2007                                        



|                                                                     
|---------------------------------------------------------------------
|/s/ Paul M. Bonaiuto                                                 
|Paul M. Bonaiuto, Executive Vice President andChief Financial Officer
|March 6, 2007
##### 



Exhibit 32.2
 Certification of CEO and CFO Pursuant to
18 U.S.C. Section 1350,
as Adopted Pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002
    /s/ W. Douglas ParkerName: W. Douglas ParkerTitle: Chief Executive OfficerDate: May 9, 2006/s/ Derek J. KerrName: Derek J. KerrTitle: Chief Financial OfficerDate: May 9, 2006
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map        January 1, 1987        Seismicity map of the state of Kentucky

map        January 1, 1979        Seismicity map of the State of Kentucky
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Presentations and Events        November 18, 2021        PubTalk-11/2021: Busting Myths About One of the Largest Volcanic Systems in the World - The Top 10 Misconceptions about Yellowstone Volcanism

faq        July 10, 2017        Can some people sense that an earthquake is about to happen (earthquake sensitives)?

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Presentations and Events        June 30, 2005        PubTalk — Tsunamis
Adam BLACK, Appellant, v. Kelly Denise HAINES, Appellee.

Case No. 2D17-4977

District Court of Appeal of Florida, Second District.

Opinion filed December 7, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
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State News Release        December 14, 2022        Páginas bilingües resaltan la ciencia de peligros naturales del USGS en Puerto Rico

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Exhibit 32

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

AND CHIEF FINANCIAL OFFICER

Pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350)

The undersigned, as the Chief Executive Officer and Chief Financial Officer of Pioneer Bankshares Inc., respectively, certify that, to the best of each
such individuals knowledge and belief, the Quarterly Report on Form 10-Q for the period ended March 31, 2011, which accompanies this certification fully complies with the requirements of Section 13(a) of the Securities Exchange Act
of 1934 and the information contained in the periodic report fairly presents, in all material respects, the financial condition and results of operations of Pioneer Bankshares Inc. at the dates and for the periods indicated. The foregoing
certification is made pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350) and shall not be relied upon for any other purpose. The undersigned expressly disclaims any obligation to update the foregoing certification
except as required by law.



|                   |  |  |  |                                           
|------------------ |  |  |  | ------------------------------------------
|                   |  |  |  | /s/ THOMAS R. ROSAZZA                     
|                   |  |  |  | Thomas R. Rosazza                         
|                   |  |  |  | President and Chief Executive Officer     
|                   |  | 
|Date: May 13, 2011 |  |  |  |                                           
|                   |  | 
|                   |  |  |  | /s/ LORI G. HASSETT                       
|                   |  |  |  | Lori G. Hassett                           
|                   |  |  |  | Vice President and Chief Financial Officer
|                   |  | 
|Date: May 13, 2011 |  |  |  |                                           

A signed original of this written statement required by Section 906, or other document authenticating,
acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Pioneer Bankshares, Inc. and will be retained by Pioneer
Bankshares, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 31.1
 CERTIFICATION BY CHIEF EXECUTIVE OFFICER
AS ADOPTED PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
      (a)
    
    Designed such disclosure controls and procedures, or caused such disclosure controls
and procedures to be designed under our supervision, to ensure that material information
relating to the registrant, including its consolidated subsidiaries, is made known to us
by others within those entities, particularly during the period in which this report is
being prepared;(b)
    
    Designed such internal control over financial reporting, or caused such internal
control over financial reporting to be designed under our supervision, to provide
reasonable assurance regarding the reliability of financial reporting and the preparation
of financial statements for external purposes in accordance with generally accepted
accounting principles;(c)
    
    Evaluated the effectiveness of the registrants disclosure controls and procedures
and presented in this report our conclusions about the effectiveness of the disclosure
controls and procedures, as of the end of the period covered by this report based on such
evaluation; and(d)
    
    Disclosed in this report any change in the registrants internal control over
financial reporting that occurred during the registrants most recent fiscal quarter (the
registrants fourth fiscal quarter in the case of an Annual Report) that has materially
affected, or is reasonably likely to materially affect, the registrants internal control
over financial reporting; and
  (a)
    
    All significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to adversely affect
the registrants ability to record, process, summarize and report financial information;
and
 (b)
    
    Any fraud, whether or not material, that involves management or other employees who
have a significant role in the registrants internal control over financial reporting.
 Date: November 10, 2009
    By:
    /s/ Anthony P. Bihl, IIIAnthony P. Bihl, IIITitle:
    President and Chief Executive Officer
Janis FLEMING, Petitioner, v. The STATE of Florida, Respondent.

No. 3D18-1647

District Court of Appeal of Florida, Third District.

Opinion filed November 7, 2018

Law Offices of Grey and Mourin, and Jason Grey and Lana Cucchiella, for petitioner.

Pamela Jo Bondi, Attorney General, and Marlon J. Weiss, Assistant Attorney General, for respondent.

Before EMAS, FERNANDEZ, and LOGUE, JJ.

PER CURIAM.

Although the trial court properly decided the other issues on review, the circuit court departed from the essential requirements of law when it ruled it was legally barred from viewing the videotape of the *554altercation at the heart of this matter, as the State commendably concedes. Precisely because the county court expressly based its factual finding on a determination that the videotape contradicted the testimony of the defendant, the circuit court should have included a review of the videotape in deciding whether the county court's fact finding was supported by any competent substantial evidence.

Petition granted.
Jean Marcel COULANGES, Appellant, v. STATE of Florida, Appellee.

No. 4D18-1211

District Court of Appeal of Florida, Fourth District.

[October 25, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
R.H., The Mother, Appellant(s)/Petitioner(s), v. DEPARTMENT OF CHILDREN AND FAMILIES, et al., Appellee(s)/Respondent(s),

CASE NO.: 3D18-0730

District Court of Appeal of Florida, Third District.

JULY 6, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Granted.

Dismissed.
##### 



Exhibit 10.3
 AMERICAN MEDICAL SYSTEMS HOLDINGS, INC.
2008 EXECUTIVE OFFICER COMPENSATION SUMMARY
 2008 Base Salary and Option Grants
 BaseName
    
    Title
    
    Salary
    
    OptionsRoss A. Longhini(1)
    
    Executive Vice President and Chief Operating Officer
    
    $
    325,000
    
    
    
    100,000Mark A. Heggestad
    
    Executive Vice President and Chief Financial Officer
    
    $
    280,000
    
    
    
    40,000Stephen J. McGill(2)
    
    Senior Vice President, Global Sales
    
    $
    263,000
    
    
    
    John F. Nealon
    
    Senior Vice President, Business Development
    
    $
    250,000
    
    
    
    25,000
 
 (1)
    
    Mr. Longhini was appointed chief executive officer in January 2008 and served on an interim
basis through April 29, 2008. Anthony P. Bihl, III was appointed chief executive officer effective
April 30, 2008. In recognition of Mr. Longhinis interim service as chief executive officer, the
grant of stock options to Mr. Longhini consists of options to purchase 50,000 shares that vest over
the standard four year period described above and options to purchase 50,000 shares that vest in
full on March 31, 2009.(2)
    
    Mr. McGills last day employment was April 30, 2008. 2008 Executive Variable Incentive Plan
 Name
    
    Title
    
    Target BonusRoss A. Longhini
    
    Executive Vice President and Chief Operating Officer
    
    $
    227,500Mark A. Heggestad
    
    Executive Vice President and Chief Financial Officer
    
    $
    140,000Stephen J. McGill
    
    Senior Vice President, Global Sales
    
    $
    20,711John F. Nealon
    
    Senior Vice President, Business Development
    
    $
    112,500