alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellant,

v. No. 99-4743

LESLIE MORRIS,

Defendant-Appellant.

Appeal from the United States District Court

for the Northern District of West Virginia, at Clarksburg.

Irene M. Keeley, District Judge.

(CR-99-26)

Submitted: February 29, 2000

Decided: March 14, 2000

Before WILLIAMS and MOTZ, Circuit Judges,

and HAMILTON, Senior Circuit Judge.

_________________________________________________________________

Affirmed by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

James R. Fox, JORY & SMITH, Elkins, West Virginia, for Appellant.

Melvin W. Kahle, Jr., United States Attorney, Robert H. McWilliams,

Jr., Assistant United States Attorney, Wheeling, West Virginia, for

Appellee.

_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

_________________________________________________________________

OPINION

PER CURIAM:

Leslie Morris appeals his criminal sentence for use of a communication facility in the distribution of cocaine, and conspiracy to do the

same in violation of 21 U.S.C.A. §§ 843(b),(d); 846 (West 1994 &

Supp. 1999). We affirm.

Morris first asserts that the district court improperly counted a 1996

conviction for battery of a police officer in calculating his criminal

history score, arguing that the state offense was similar to disorderly

conduct, disturbing the peace, hindering or failing to obey a police

officer, or resisting arrest. As such, he contends that it falls under the

list of offenses specified in U.S. Sentencing Guidelines Manual

§ 4A1.2(c)(1) (1998), and should not have been attributed a criminal

history point absent circumstances not present in this case. Our

review of the relevant offenses under the "similarity" test espoused by

this Court in United States v. Harris, 128 F.3d 850, 854-55 (4th Cir.

1997), leads us to conclude that the conviction in question was properly assigned one criminal history point under USSG§ 4A1.1(c).

Next, Morris contends that there was insufficient evidence to find

that he possessed a firearm in conjunction with the offense, and that

his brother and co-defendant's possession of a firearm cannot be attributed to him for purposes of USSG § 2D1.1. We have reviewed the

briefs and joint appendix in this case, and agree with the district

court's determination that this enhancement was properly applied.

Accordingly, we affirm Morris' sentence. We dispense with 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
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA 

FORT WAYNE DIVISION 

 

UNITED STATES OF AMERICA ) 

 ) 

 v. ) CASE NO.: 1:14-CR-52-TLS 

 ) 

DARIUS D. PURYEAR ) 

 

ORDER ACCEPTING FINDINGS AND RECOMMENDATION 

 This matter is before the Court on the Findings and Recommendation of the United States 

Magistrate Judge [ECF No. 66], filed on November 17, 2015. The Defendant has waived 

objection to the Findings and Recommendation, and the Court, being duly advised, adopts the 

Findings and Recommendation [ECF No. 66] in its entirety and accepts the recommended 

disposition. Subject to this Court’s consideration of the Plea Agreement pursuant to Federal Rule 

of Criminal Procedure 11(c), the plea of guilty to the offense charged in Count Two (2) of the 

Indictment is hereby accepted, and the Defendant is adjudged guilty of such offense. 

 The notice of sentencing and pre-sentence scheduling deadlines will be issued by separate 

order.

SO ORDERED on December 4, 2015. 

 s/ Theresa L. Springmann 

 THERESA L. SPRINGMANN 

 UNITED STATES DISTRICT COURT
| Date:  March      31, 2010 | By:    | /s/  Laura Lee      Stewart                                                       |   |
|--------------------------------------|--------|---------------------------------------------------------------------------------------------|--------|
|                                 |   | Laura      Lee Stewart                                                                      |   |
|                                 |   | President      and Chief Executive Officer                                                  |   |
|                                 |   |                                                                                        |   |
|                                 |   |                                                                                        |   |
|                                 |   |                                                                                        |   |
| Date:  March      31, 2010 | By:    | /s/  Matthew P.      Deines                                                       |   |
|                                 |   | Matthew      P. Deines                                                                      |   |
|                                 |   | Executive      Vice President and     Chief      Financial Officer |   |
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1460 Referred in Senate (RFS)]

  1st Session
                                H. R. 1460

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 7, 2005

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
 at 6200 Rolling Road in Springfield, Virginia, as the ``Captain Mark 
                  Stubenhofer Post Office Building''.

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

SECTION 1. DESIGNATION.

    The facility of the United States Postal Service located at 6200 
Rolling Road in Springfield, Virginia, shall be known and designated as 
the ``Captain Mark Stubenhofer Post Office Building''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the facility referred to in section 1 
shall be deemed to be a reference to the ``Captain Mark Stubenhofer 
Post Office Building''.

            Passed the House of Representatives April 6, 2005.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
```
IN THE COURT OF APPEALS OF IOWA
No. 15

- 0464 Filed February 10, 2016

STATE OF IOWA, Plaintiff

- Appellee,

vs. JAMES CHARLES NULL , Defendant

- Appellant.

________________________________________________________________ Appeal from the Iowa District Court for Floyd County, Peter B. Newell , District Associate Judge.

The defendant challenges his conviction for failure to comply with the sex offender registry, second or subsequent offense. AFFIRMED.

David A. Kuehner of Eggert, Erb, Mulcahy & Kuehner, P.L.L.C. , Charles City , for appellant. Thomas J. Miller, Attorney General, Mary A. Triick , Assistant Attorney General, f or appellee.

Considered by Tabor, P.J., and Bower and McDonald, JJ.2

MCDONALD, Judge.
The defendant James Null was convicted of failure to comply with the sex offender registry, second or subsequent offense, in violation of Iowa Code sections 692A.2, 692A.3, and 692A.7(1) (2013), and sentenced as a habitual offender pursuant to Iowa Code sections 902.8 and 902.9. On appeal, he contends his trial counsel provided constitutionally deficient representat ion by failing to interpose certain objections to the jury instructions. On de novo review, we conclude the defendant’s claims are without merit. The defendant makes only conclusory claims of prejudice insufficient to satisfy the prejudice component of a claim of ineffective assistance of counsel. See State v. Tate , 710 N.W.2d 237, 241 (Iowa 2006). We independently conclude that Null has failed to
establish prejudice, that is a “reasonable probability that, but for counsel’s unprofessional errors, the r esult of the proceeding would have been different.” Collins v. State , 588 N.W.2d 399, 402 (Iowa 1998) ; see also State v. Ambrose , 861 N.W.2d 550, 556 (Iowa 2015) (applying Strickland prejudice standard to claim of instructional error) . Null’s conviction is affirmed without further opinion. See Iowa R. 21.26(1)(a), (c), and (e).
AFFIRMED.
**Exhibit 23.2**

Consent of Independent Registered Public Accounting Firm 

We consent to the incorporation byreference in Registration Statements on Form S-3, as amended, of Discover Bank, Discover Card Master Trust I, and Discover Card Execution Note Trust (Registration Numbers 333-141703, 333-141703-01, 333-141703-02, 333-167413, 333-167413-01, and333-167413-02) of our attestation report dated February 6, 2013, with respect to U.S. Bank National Association’s compliance with specified servicing criteria set forth in Item 1122 (d) of the Securities and ExchangeCommission’s Regulation AB for its Corporate Trust Asset-Backed Securities Platform as of November 30, 2012, and for the period from December 1, 2011 through November 30, 2012, included in the Annual Reports (Form 10-K) ofDiscover Card Master Trust I and Discover Card Execution Note Trust for the year ended November 30, 2012, filed with the Securities and Exchange Commission. 

/s/ Ernst & Young LLP 

Minneapolis, Minnesota 

February 19, 2013
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 Annual Report of Titan Machinery Inc. (the "Company") on Form 10-K for the year ended
January 31, 2009 as filed with the Securities and Exchange Commission (the "Report"), I, Peter J. Christianson, President and Chief Financial Officer of the Company, certify, pursuant to
18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:

The
Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

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

Date:
April 15, 2009

/s/ PETER J. CHRISTIANSON Peter J. Christianson President and Chief Financial Officer


---
[Federal Register Volume 60, Number 12 (Thursday, January 19, 1995)]
[Notices]
[Page 3869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1278]



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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[ES-030-5-1430-01]


Realty Action: Sale of Public Land in Morgan County, Missouri

ACTION: Realty Action: Recreation and public purposes classification-
MOES-036109.

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

SUMMARY: The following land has been classified as suitable for 
disposal to the Missouri Department of Conservation under authority of 
the Recreation and Public Purposes Act of 1926 (44 Stat. 741), as 
amended, 43 U.S.C. 869:

    Fifth Principal Meridian,
T.41N., R.18W.,
    Sec. 28, SWSW.

    Containing 40.0 acres.

    The purpose of this conveyance is to provide additional wildlife 
habitat to the adjacent Proctor Towersite State Wildlife Area.
    The patent, when issued, will be subject to the provisions in 43 
CFR 2741.8. In the event of noncompliance with the terms of the patent, 
title to the land shall revert to the United States. Classification of 
this land will segregate it from all appropriation except as to 
applications under the mineral leasing laws and the Recreation and 
Public Purposes Act. This segregation will terminate upon issuance of a 
patent, or eighteen (18) months from the date of this Notice, or upon 
publication of a notice of termination.

COMMENTS: For a period of 45 days from the date of first publication of 
this notice, interested parties may submit comments to: District 
Manager, Milwaukee District Office, Bureau of Land Management, P.O. Box 
631, Milwaukee, Wisconsin 53201-0631.

FOR FURTHER INFORMATION CONTACT:
Detailed information concerning this application is available at the 
Milwaukee District Office, Bureau of Land Management, 310 West 
Wisconsin Avenue, Suite 225, Milwaukee, Wisconsin 53203 or by calling 
Larry Johnson at 414-297-4413.

    Dated: January 6, 1995.
Gary D. Bauer,
District Manager.
[FR Doc. 95-1278 Filed 1-18-95; 8:45 am]
BILLING CODE 4310-GJ-M
<PAGE>

                                                                   Exhibit 10.18

                      PLATINUM UNDERWRITERS HOLDINGS, LTD.
                             The Belvedere Building
                                69 Pitts Bay Road
                             Pembroke HM 08 Bermuda

January 7, 2004

Gregory E. A. Morrison
The Breakers, Unit 12
South Road
Warwick WK 02 Bermuda

Dear Greg:

         Reference is hereby made to the letter dated June 20, 2003 (the "Letter
Agreement") between you and Platinum Underwriters Holdings, Ltd. (the
"Company"). This letter (the "Letter Amendment") amends the Letter Agreement to
replace Section 8 in its entirety with the following:

8.       MOVING/HOUSING/CAR.

         PLATINUM WILL PAY YOU US$50,000 ASSOCIATED WITH YOUR RELOCATION TO
BERMUDA. UPON YOUR ESTABLISHMENT OF A RESIDENCE IN BERMUDA, YOU WILL BE ENTITLED
TO REIMBURSEMENT OF YOUR ACTUAL AND REASONABLE HOUSING AND LIVING EXPENSES UP TO
US$25,000 PER MONTH (THE "MONTHLY REIMBURSEMENT") DURING THE TERM. IN ADDITION,
YOU WILL BE ENTITLED TO AN ALLOWANCE OF US$900 PER MONTH FOR EXPENSES RELATING
TO YOUR CAR.

         All other terms and conditions of the Letter Agreement remain in full
force and effect. This Letter Amendment is intended to be a binding obligation
upon the Company and you. If this Letter Amendment correctly reflects your
understanding, please sign and return one copy to me for the Company's records.

                                            Platinum Underwriters Holdings, Ltd.

                                            By: /s/ Michael E. Lombardozzi
                                                -----------------------------
                                            Michael E. Lombardozzi
                                            Executive Vice President, General
                                            Counsel and Corporate Secretary

The above Letter Amendment correctly reflects our understanding, and I hereby
confirm my agreement to the same.

/s/ Gregory E. A. Morrison
--------------------------
Gregory E. A. Morrison
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

UNITED STATES OF AMERICA )

)

v. ) No. 1:14-cr-00051-TLS-SLC

)

JAVON BURNETT )

FINDINGS AND RECOMMENDATION

OF THE MAGISTRATE JUDGE

UPON A PLEA OF GUILTY

TO: THE HONORABLE THERESA L. SPRINGMANN, JUDGE, 

UNITED STATES DISTRICT COURT

Upon Defendant’s request to enter a plea of guilty pursuant to Rule 11 of the Federal

Rules of Criminal Procedure, this matter came on for hearing before U.S. Magistrate Judge

Susan Collins, on April 12, 2016, with the written consents of Defendant, counsel for

Defendant, and counsel for the United States of America.

The hearing on Defendant’s plea of guilty was in full compliance with Rule 11, Federal

Rules of Criminal Procedure, before the Magistrate Judge in open court and on the record.

In consideration of that hearing and the statements made by Defendant under oath on

the record and in the presence of counsel, the remarks of the Assistant United States Attorney

and of counsel for Defendant,

I FIND as follows:

(1) that Defendant understands the nature of the charge against him to which the plea is

offered;

(2) that Defendant understands his right to trial by jury, to persist in his plea of not

guilty, to the assistance of counsel at trial, to confront and cross-examine adverse witnesses,
and his right against compelled self-incrimination;

(3) that Defendant understands what the maximum possible sentence is, including the

effect of the supervised release term, and Defendant understands that the Sentencing Guidelines

apply and that the Court may depart from those guidelines under some circumstances;

(4) that the plea of guilty by Defendant has been knowingly and voluntarily made and is

not the result of force or threats or of promises apart from the plea agreement between the

parties;

(5) that Defendant is competent to plead guilty;

(6) that Defendant understands that his answers may later be used against him in a

prosecution for perjury or false statement;

(7) that there is a factual basis for Defendant’s plea; and further,

I RECOMMEND that the Court accept Defendant’s plea of guilty and that Defendant

be adjudged guilty of the offense charged in the single-count Indictment, and have sentence

imposed. A Presentence Report has been ordered. Should this Findings and Recommendation

be accepted and Defendant adjudged guilty, sentencing will be scheduled before Judge Theresa

L. Springmann by separate order and notice. Objections to the Findings and Recommendation

are waived unless filed and served within fourteen (14) days. 28 U.S.C. § 636(b)(1)(B).

DATED this 12th day of April 2016.

/s/ Susan Collins 

Susan Collins,

United States Magistrate Judge

2
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM MESA
OFFSHORE TRUST 1998 THIRD QUARTER REPORT AND FORM 10-Q AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH 1998 THIRD QUARTER REPORT AND FORM 10-Q.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                       2,460,527
<SECURITIES>                                         0
<RECEIVABLES>                                   42,747
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                     380,905,000
<DEPRECIATION>                             380,847,972
<TOTAL-ASSETS>                               2,560,302
<CURRENT-LIABILITIES>                        2,503,274
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      57,028
<TOTAL-LIABILITY-AND-EQUITY>                 2,560,302
<SALES>                                      1,670,489
<TOTAL-REVENUES>                             1,768,815
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               281,678
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              1,487,139
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          1,487,139
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,487,139
<EPS-PRIMARY>                                     0.02
<EPS-DILUTED>                                     0.02
        

</TABLE>
Exhibit 4 

Case 3:17-cv-00939-WHA Document 634-5 Filed 06/15/17 Page 1 of 2
1

Kevin SmithFrom: Rivera, Sylvia <SRivera@mofo.com>

Sent: Friday, June 09, 2017 2:08 PMTo: John Cooper (JCooper@fbm.com); Matthew Cate (MCate@fbm.com); QE-Waymo

Cc: Boies Service (BSF_EXTERNAL_UberWaymoLit@bsfllp.com); UberWaymoMoFoAttorneys; Brett Sc

(BSchuman@goodwinlaw.com); Matthew Leahy (MLeahy@goodwinlaw.com); Neel Chatterjee (nRachel Walsh (RWalsh@goodwinlaw.com); Shane Brun (SBrun@goodwinlaw.com)

Subject: Waymo; impact of June 5 order on privilege logs

Counsel,Our understanding of how Magistrate Judge Corley’s MTC Order would affect our privilege claims, if it is adopted by Judge Alsup, 

 Prior to April 11, 2016, communications between (1) Uber, its counsel or its agent Stroz, on the one hand, and, on the oth

Mr. Levandowski or his counsel, or Mr. Ron or his counsel, are not privileged or covered by work product protection.

 Similarly, prior to April 11, 2016 joint communications between Uber, Otto, and Stroz Friedberg are not privileged or cove

protection.

 The Stroz Report and its Exhibits are not privileged or covered by work product protection.

 Privilege and work product claims concerning communications on or after April 11, 2016 (other than the Stroz Report and 

the MTC Order.

 The MTC Order does not affect privilege and work product claims concerning communications:

o Between any of the parties and their separate counsel

o Between Otto, Mr. Levandowski, or Mr. Ron, or their counsel

o Between Stroz, on the one hand, and Uber or Uber’s counsel, on the other hand

Best,Sylvia

============================================================================ This message may be confidential and privileged. Use or disclosure by anyone other than an intended addressee is prohimessage in error, please delete it and advise the sender by reply email. 

Case 3:17-cv-00939-WHA Document 634-5 Filed 06/15/17 Page 2 of 2
EXHIBIT 32.1









CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Report of Data Storage Consulting Services, Inc. (the "Company") on Form 10-K as filed with the Securities and Exchange Commission (the "Report"), I, Joseph Meuse, Chief Executive 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:





(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 results of operations of the Company.







|                     |     |                                      
|-------------------- | --- | -------------------------------------
|Date: March 24, 2010 |     |                                      
|                     | By: | /s/  Joseph Meuse                    
|                     |     | Joseph Meuse, Chief Executive Officer





















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