alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 19-51171

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff−Appellee,

versus

JAMES LEE PLESKAC,

Defendant−Appellant.

Appeal from the United States District Court

for the Western District of Texas

No. 3:07-CR-1765-1

Before DAVIS, SMITH, and HIGGINSON, Circuit Judges.

PER CURIAM:*

James Pleskac appeals his 30-month sentence imposed upon revocation 

* Pursuant to 5TH CIRCUIT RULE 47.5, the court has determined that this opinion 

should not be published and is not precedent except under the limited circumstances set forth 

in 5TH CIRCUIT RULE 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

June 26, 2020

Lyle W. Cayce

Clerk

 Case: 19-51171 Document: 00515468968 Page: 1 Date Filed: 06/26/2020
No. 19-51171

2

of supervised release. He maintains that it is an illegal sentence because it 

exceeds the statutory maximum, and he requests that this court either modify 

the order or vacate and remand for resentencing. The government agrees that 

the sentence exceeds the statutory maximum and should be corrected. 

A sentence that exceeds the statutory maximum is illegal. United States 

v. Vera, 542 F.3d 457, 459 (5th Cir. 2008). We review de novo revocation sentences that are alleged to exceed the statutory maximum notwithstanding the 

defendant’s failure to preserve the issue for appellate review. United States v. 

Oswalt, 771 F.3d 849, 850 (5th Cir. 2014); see Vera, 542 F.3d at 459.

Pleskac’s underlying offense of transporting aliens for private financial 

gain was punishable by imprisonment of not more than 10 years, see 8 U.S.C. 

§ 1324(a)(1)(A)(ii), (B)(i), which is a Class C felony, see 18 U.S.C. § 3559(a)(3). 

The authorized imprisonment after revoking supervised release for a Class C 

felony is not more than two years. 18 U.S.C. § 3583(e)(3). Section 7B1.4(b)(1) 

of the Sentencing Guidelines instructs that “[w]here the statutorily authorized 

maximum term of imprisonment . . . is less than the minimum of the applicable 

range, the statutorily authorized maximum term shall be substituted for the 

applicable range.” U.S.S.G. § 7B1.4(b)(1).

The district court nevertheless determined that the applicable policy 

guidelines range was 30 to 37 months and imposed a sentence within that 

range. The court therefore erred in calculating the range and in imposing a 

sentence that exceeds the maximum. See United States v. Mathena, 23 F.3d 

87, 90−93 (5th Cir. 1994) (noting that in imposing a revocation sentence the 

court is directed to consider, inter alia, the nonbinding policy statements found 

in Chapter 7 of the Sentencing Guidelines). Accordingly, the sentence imposed 

upon revocation is VACATED and REMANDED for resentencing.

 Case: 19-51171 Document: 00515468968 Page: 2 Date Filed: 06/26/2020
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1432 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 1432

  To require the Secretary of the Treasury to redesign the $1 coin to 
                commemorate Dr. Martin Luther King, Jr.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 2005

  Mr. Rangel introduced the following bill; which was referred to the 
                    Committee on Financial Services

_______________________________________________________________________

                                 A BILL

 
  To require the Secretary of the Treasury to redesign the $1 coin to 
                commemorate Dr. Martin Luther King, Jr.

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

SECTION 1. SHORT TITLE AND FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Dr. Martin Luther 
King, Jr., $1 Coin Act''.
    (b) Findings.--The Congress finds the following:
            (1) Dr. Martin Luther King, Jr. was a preeminent spokesman 
        for human civil rights in his time.
            (2) The work of Dr. King affected the lives of more 
        Americans of all races and people around the world than any 
        other American reform leader of the 20th century.
            (3) Dr. King was one of America's most erudite scholars and 
        social and religious activists.
            (4) Dr. King, because of his lifelong achievements and 
        moral vision, was a recipient in 1964 of the Nobel Peace Prize.
            (5) Dr. King mobilized leaders of all faiths, races, and 
        creeds to support the passage of the historic civil rights laws 
        in the 1960s.
            (6) Dr. King inspired activists for human rights around the 
        world by applying a philosophy of non-violence.
            (7) Dr. King helped to mobilize the African-American civil 
        rights movement as a founder of the Southern Christian 
        Leadership Conference.
            (8) Dr. King has been honored by the Nation with the 
        designation of the third Monday in January as a national 
        holiday in his name.
            (9) The largest collection of materials relating to Dr. 
        King is in the Martin Luther King, Jr. Center for Nonviolent 
        Social Change in Atlanta, Georgia.

SEC. 2. REDESIGN OF $1 COIN TO COMMEMORATE DR. MARTIN LUTHER KING, JR.

    Section 5112(d)(1) of title 31, United States Code, is amended--
            (1) by striking the 6th sentence and inserting the 
        following: ``The obverse side of the dollar shall have the 
        likeness of Dr. Martin Luther King, Jr. The reverse side of the 
        dollar shall have a design emblematic of Dr. Martin Luther 
        King, Jr.''; and
            (2) in the 4th sentence, by striking ``dollar, half dollar, 
        and quarter dollar'' and inserting ``half dollar and quarter 
        dollar''.
                                 <all>
```
DeAndre Ronrico HAWKINS, petitioner, v. MICHIGAN.

No. 12-8842.

Supreme Court of the United States

April 22, 2013.

Petition for writ of certiorari to the Supreme Court of Michigan denied.
Exhibit 12
 TEXTRON FINANCIAL CORPORATION
COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES  (Dollars in millions)
 Six months endedJune 30, 2009Loss before income taxes
    
    $
    (173
    )Fixed Charges:Interest on debt
    
    
    95Estimated interest portion of rents
    
    
    1Total fixed charges
    
    
    96Adjusted loss
    
    $
    (77
    )Ratio of earnings to fixed charges (1)
    
    
    (0.80
    )x
 
 (1)
    
    The ratio of earnings to fixed charges has been computed by dividing loss before income taxes
and fixed charges by fixed charges. Fixed charges consist of interest on debt and one-third rental
expense as representative of interest portion of rentals. Additional
earnings of $173 million would have been necessary to bring the
ratio of earnings to fixed charges to 1.0.
James Thomas GREEN, petitioner, v. JUSTICES OF the COURT OF CRIMINAL APPEALS OF TEXAS, et al.

No. 12-7840.

Supreme Court of the United States

April 15, 2013.

Motion of petitioner for reconsideration of order denying leave to proceed *in forma pauperis* denied.
Ray DANSBY, petitioner, v. Ray HOBBS, Director, Arkansas Department of Correction.

No. 12-8582.

Supreme Court of the United States

June 3, 2013.

On petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Motion of petitioner for leave to proceed *in forma pauperis* and petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of *Trevino v. Thaler,* 569 U.S. ----, 133 S.Ct. 1747, 185 L.Ed.2d 783 (2013).
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION

CHELSEA KELLY, as Personal Representative
of the ESTATE OF DELANO SMITH,

Plaintiff,

v.

)
)
)
)
)
)
)
CITY OF ELKHART, )
OFFICER BRUCE ANGLEMYER, )
CORPORAL NORM FRIEND, )
SERGEANT JAMES BUCHMANN, )
OFFICER MICHAEL PRICE, and )
TASER INTERNATIONAL, INC., )
)
Defendants. )
NOTICE OF REMOVAL
Defendant TASER International, Inc. (“TASER”), pursuant to 28 U.S.C. {§ 1331, 1441, and
1446, hereby removes this case from the Elkhart Circuit Court, State of Indiana, where it is now
pending, to the United States District Court for the Northern District of Indiana. In support,
TASER states as follows:
1. Plaintiff Chelsea Kelly filed her complaint on January 5, 2012, The complaint
currently pends in the Elkhart Circuit Court, State of Indiana, as Cause No. 20C01-1201-CT-005.
2. On January 10, 2012, TASER received service of process via certified mail on its
registered agent, and at that time TASER had actual notice of this action.
3. This notice of removal has been filed timely in that it has occurred within thirty days
of the initial pleading’s service. See 28 U.S.C. § 1446(b).

4. This Court has original subject matter jurisdiction over this case pursuant to 28

U.S.C. §§ 1331 and 1441(a). Kelly has alleged a federal question arising under 42 U.S.C. §§ 1983 and


1988, including questions arising under the “Fourth, Fifth, and Fourteenth Amendments to the
United States Constitution and [] the laws of the United States [Compl.4]1,6].

5. Defendants have consulted on this removal. All consent to removal.

6. A copy of all process, pleadings, and orders served on TASER in this action are
attached as Exhibit A. See 28 U.S.C. § 1446(a).

7. A notice of this removal will be filed with the Elkhart Circuit Court, State of Indiana,
and a copy of this notice will be served on Plaintiff. See 28 U.S.C. § 1446(d).

8. This Notice of Removal is signed in compliance with Fed. R. Civ. P. 11.

WHEREFORE, Defendant TASER International, Inc. hereby removes this action now
pending in the Elkhart Circuit Court, State of Indiana, to the United States District Court for the

Northern District of Indiana.

Dated: January 27, 2012 Respectfully submitted,

John R. Maley
BARNES & THORNBURG L.
11 South Meridian Street
Indianapolis, IN 46204-3535
Telephone: (317) 236-1313

Damon R. Leichty

BARNES & THORNBURG LLP
600 1st Source Bank Center
100 North Michigan

South Bend, IN 46601
Telephone: (574) 233-1171

dleichty@btlaw.com
Attorneys for Defendant TASER International, Inc.


CERTIFICATE OF SERVICE

The undersigned hereby certifies that a copy of the foregoing was served on the 27th day of
January 2012, by depositing the same in the United States Mail, first class postage prepaid and
properly addressed to the following:

Douglas E. Sakaguchi
PFEIFER, MORGAN & STESIAK
53600 N. Ironwood Drive
South Bend, IN 46635

Julie J. Havenith
Travelers Staff Counsel Office
707 E. 80th Place, Suite 100

Merrillville, IN 46410 G
s/ Damon eichty

SBDSO1 358784v1
I 

109TH CONGRESS 

1ST SESSION H. R. 1524 

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

12433 Antioch Road in Overland Park, Kansas, as the ‘‘Ed Eilert 

Post Office Building’’. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 6, 2005 

Mr. MOORE of Kansas (for himself, Mr. TIAHRT, Mr. RYUN of Kansas, and 

Mr. MORAN of Kansas) introduced the following bill; which was referred 

to the Committee on Government Reform 

A BILL 

To designate the facility of the United States Postal Service 

located at 12433 Antioch Road in Overland Park, Kansas, as the ‘‘Ed Eilert 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. ED EILERT POST OFFICE BUILDING. 

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

5 Postal Service located at 12433 Antioch Road in Overland 

6 Park, Kansas, shall be known and designated as the ‘‘Ed 

7 Eilert Post Office Building’’. 

8 (b) REFERENCES.—Any reference in a law, map, reg9 ulation, document, paper, or other record of the United 
2 

•HR 1524 IH 

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

2 be deemed to be a reference to the ‘‘Ed Eilert Post Office 

3 Building’’. 

Æ
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM BOTH
THE SEPTEMBER 30, 1997 BALANCE SHEET AND STATEMENT OF INCOME AND EXPENSES
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000711512
<NAME> AMERICAN REPUBLIC REALTY FUND I
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                           2,081
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                      16,817,227
<DEPRECIATION>                               8,850,635
<TOTAL-ASSETS>                               8,927,341
<CURRENT-LIABILITIES>                                0
<BONDS>                                     10,785,087
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                 (2,869,174)
<TOTAL-LIABILITY-AND-EQUITY>                 8,927,341
<SALES>                                              0
<TOTAL-REVENUES>                             1,842,164
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             1,610,932
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             513,794
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   106,076
<EPS-PRIMARY>                                     9.64
<EPS-DILUTED>                                        0
        

</TABLE>
<PAGE>   1
                                 PROMISSORY NOTE



$5,000,000.00                                               Milpitas, California
                                                                   June 23, 1999



        The undersigned, Michael R. Cannon ("Borrower"), hereby unconditionally
promises to pay to the order of Maxtor Corporation, a Delaware corporation (the
"Lender"), the sum of Five Million Dollars ($5,000,000.00) plus interest, in
accordance with the terms of the Executive Retention Agreement by and between
Lender and Borrower effective June 23, 1999 (the "June 1999 Retention
Agreement").

        The outstanding principal balance of this Note, together with all
accrued and unpaid interest hereon, shall be due and payable on June 22, 2002,
or upon termination for "Cause" or voluntary termination of employment for
reasons other than "Good Reason" as those terms are defined in the June 1999
Retention Agreement. Interest shall accrue on unpaid principal from the date
hereof until maturity at a rate of 4.98%, compounded annually.

        This Note may be prepaid, in whole or in part, at any time or from time
to time, without penalty or premium. Any prepayment of principal must be
accompanied by then accrued but unpaid interest. Interest shall cease to accrue
on amounts of principal so prepaid. Any prepayment of interest shall include all
interest accrued to the date of payment, but need not include any payment of
principal.

        All payments of principal or interest shall be made in lawful money of
the United States of America to the Lender at the offices of the Lender, or at
such other address as the Lender shall specify to Borrower in writing. Any
payment shall be deemed made upon receipt by Lender.

        Upon payment in full of all principal and interest payable hereunder,
this Note shall be surrendered to Borrower for cancellation.

        Borrower waives its rights to impose any defense (other than payment),
set-off, counterclaim or cross-claim in any action brought on this Note.
Borrower waives presentment, demand for performance, notice of performance,
protest, notice of protest, and notice of dishonor.



                                       1
<PAGE>   2

        If the indebtedness represented by this Note or any part hereof is
collected at law or in equity or in bankruptcy, receivership or other judicial
proceedings, or if this Note is placed in the hands of attorneys for collection
after default, Borrower agrees to pay, in addition to the principal and interest
payable hereon, reasonable attorneys' and collection fees and costs.

        This Note is being delivered in and shall be construed in accordance
with the laws of the State of California.

        IN WITNESS WHEREOF, Borrower has executed this Note as of the day and
year first above written.



                                                   /s/ Michael R. Cannon
                                             -----------------------------------
                                             Michael R. Cannon



                                       2
**Exhibit 32.1**

**CERTIFICATION**

Pursuant to Section 906 of theSarbanes-Oxley Act of 2002 (18 U.S.C.§ 1350, as adopted), Dr. Paramesh Gopi, Chief Executive Officer of Applied Micro Circuits Corporation (the “Company”), hereby certifies that, to the best of his knowledge: 

1. This Quarterly Report on Form 10-Q for the quarterly period ended September 30, 2009 (the “Report”) fully complies with the requirements ofSection 13(a) or Section 15(d) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”). 

2. The informationcontained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. 

A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission (“SEC”) or its staff uponrequest. 

This certification accompanies the Report to which it relates, is not deemed filed with the SEC and is not to beincorporated by reference into any filing of the Company under the Securities Act of 1933, as amended, or the Exchange Act (whether made before or after the date of the Report), irrespective of any general incorporation language contained in suchfiling. 

 

Dated: October 30, 2009
David James MARTIN, petitioner, v. FLORIDA.

No. 12-9775.

Supreme Court of the United States

June 17, 2013.

Petition for writ of certiorari to the Supreme Court of Florida denied.
Gregg D. McNAMARA, petitioner, v. CALIFORNIA.

No. 12-9310.

Supreme Court of the United States

May 20, 2013.

Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.
CERTIFICATIONS PURSUANT TO THE SARBANES-OXLEY ACT

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002





I, Winnie Wong, Chief Financial Officer of Alianza Minerals Ltd. (the Company) do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



1.

This Annual Report on Form 20-F of the Company for the period ended September 30, 2015, as filed with the Securities and Exchange Commission (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 results of operations of the Company.





Date: February 16, 2016





/s/  Winnie Wong_

Winnie Wong,

Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>              
                        THIS SCHEDULE CONTAINS SUMMARY FINANCIAL
                        INFORMATION EXTRACTED FROM THE UNAUDITED QUARTERLY
                        FINANCIAL STATEMENTS OF NIAGARA CORPORATION AND
                        SUBSIDIARIES FOR THE NINE MONTHS ENDED SEPTEMBER
                        30, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY
                        REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                                 <C>
<PERIOD-TYPE>                       9-MOS          
<FISCAL-YEAR-END>                   DEC-31-1998             
<PERIOD-START>                      JAN-01-1998              
<PERIOD-END>                        SEP-30-1998              
<CASH>                              1,738,475            
<SECURITIES>                        0                    
<RECEIVABLES>                       19,924,892           
<ALLOWANCES>                        804,000              
<INVENTORY>                         33,125,312           
<CURRENT-ASSETS>                    56,868,688     
<PP&E>                              101,589,140          
<DEPRECIATION>                      11,880,894           
<TOTAL-ASSETS>                      150,075,257          
<CURRENT-LIABILITIES>               30,817,181           
<BONDS>                             44,880,659           
<COMMON>                            9,998                
<PREFERRED-MANDATORY>               0                    
<PREFERRED>                         0                    
<OTHER-SE>                          55,733,831           
<TOTAL-LIABILITY-AND-EQUITY>        150,075,257          
<SALES>                             165,834,123          
<TOTAL-REVENUES>                    165,834,123          
<CGS>                               140,872,652          
<TOTAL-COSTS>                       140,872,652          
<OTHER-EXPENSES>                    12,595,861     
<LOSS-PROVISION>                    0                    
<INTEREST-EXPENSE>                  3,259,595            
<INCOME-PRETAX>                     9,452,857            
<INCOME-TAX>                        3,685,000            
<INCOME-CONTINUING>                 5,767,857            
<DISCONTINUED>                      0                    
<EXTRAORDINARY>                     0              
<CHANGES>                           0                    
<NET-INCOME>                        5,767,857            
<EPS-PRIMARY>                       .58                  
<EPS-DILUTED>                       .55                  
        

</TABLE>
[Midland Loan Services Logo] March 1, 2008 Ms. Kristan Davies   Client Relations Manager Capmark Finance Inc.  6955 Union Park Center  Suite 450 Midvale, UT 84047 Morgan Stanley Capital I, Inc. Commercial Mortgage Pass-Through Certificates  Series 2007-IQ15 Subservicing Agreement OFFICER'S CERTIFICATE Pursuant to the requirements of that certain Subservicing Agreement (the "Agreement"), it is hereby certified to the Depositor thereunder that on behalf of Midland Loan Services, Inc. (the "Servicer"), (i) a review of the Servicer's activities during the reporting period and of its performance under the Agreement has been made under the undersigned officer's supervision; (ii) to the best of the undersigned officer's knowledge, based on such review, the Servicer has fulfilled all of its obligations under the Agreement in all material respects throughout the reporting period or, if there has been a failure to fulfill any such obligation in any material respect, each such failure known to the undersigned officer and the nature and status thereof are set forth below; and (iii) the Servicer has not received any notice regarding qualification, or challenging the status, of any REMIC formed pursuant to the Agreement from the IRS or any other governmental agency or body. Nature and Status of Failures: None. MIDLAND LOAN SERVICES, INC. /s/ Steven W. Smith Steven W . Smith President and Chief Operating Officer **A Member of the PNC Financial Services Group**P.O. Box 419127    Kansas City  Missouri 64141-6127 www.midlandls.com   913 253 9000 T   913 253 9001  F