alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 The Honorable Richard G. Kopf, United St ates District Judge for the District of Nebraska. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 06-1423

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Nebraska. Ricardo Perales, * * [PUBLISHED] Appellant. *

___________ Submitted: May 31, 2007 Filed: June 8, 2007

___________ Before WOLLMAN, MURPHY, and BYE, Circuit Judges.

___________ PER CURIAM. Ricardo Perales appeals the 121-month prison sentence the district court 1 imposed after he pleaded guilty to possessi ng cocaine with intent to distribute in violation of 21 U.S.C. § 841. Over Perales’s objection and in reliance on the government’s evidence at sentencing, the district court calculated a Category II criminal history based on 3 points: 1 point for a 2004 California drug-possession conviction upon Perales’ s guilty plea, for which he received an 18-month deferred entry of judgment involving several conditions; plus 2 points for committing the-2- instant offense (in March 2005) while under that criminal justice sentence, see U.S.S.G. § 4A1.1(d). On appeal, Perales’s counsel has filed a brief under Anders v. California , 386 U.S. 738 (1967), contesting the section 4A1.1(d) assessment.
We hold that the district court correctly determined that Perales committed the instant offense while he was under a criminal justice sentence. SeeUnited States v. Blanton , 281 F.3d 771, 775 (8th Cir. 2002) (dis trict court’s interpretation and application of Guidelines reviewed de novo). The deferred entry of judgment--in effect at the time of the instant offense, and requiring Perales to complete certain conditions in order to be di scharged from further liability in the case--was a countable sentence having the necessary “supervisory component” to constitute a “criminal justice sentence.” SeeU.S.S.G. § 4A1.1, comment. (n.4) (defining “criminal justice sentence”); U.S.S.G. § 4A1.2(a)(1), (a)(3) (d efining “prior sentence”; providing that conviction for which imposition of sentence “w as totally suspended or stayed shall be counted as a prior sentence under § 4A1.1(c)”); cf. United States v. Norman , 129 F.3d 1393, 1401-02 (10th Cir. 1997) (where st ate court imposed “probation-like” conditions that provided judgment woul d be entered and sentence imposed if conditions were breached, deferred judgmen t constituted criminal justice sentence within “broad reading” of § 4A1.1(d), and district court properly added criminal history points).
After reviewing the record i ndependently under Penson v. Ohio , 488 U.S. 75, 80 (1988), and finding no nonfrivolous issues, we affirm the judgment of the district court, and we grant counsel’s request to withdraw. We direct counsel to inform Perales about the procedures for filing a petition for rehearing and for certiorari.

______________________________
# industry
EXHIBIT 13.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to 18 U.S.C. 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Olympus Pacific Minerals Inc. (the ‘‘Company’’) hereby certifies, to such officer’s knowledge, that:

| |     |                                                                                                                                                                                                                                                                       
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| | (i) | the accompanying Annual Report on Form 20-F of the Company for the fiscal year ended December 31, 2007 (the ‘‘Report’’) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and

| |      |                                                                                                                                                     
| | ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------
| | (ii) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Date: March 28, 2008

/s/ Pamela CampagnoniPamela Campagnoni
Chief Financial Officer


The foregoing certifications are being furnished solely to accompany the Report pursuant to 18 U.S.C. 1350, and are not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and are not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.

---
EXHIBIT 12

McDonnell Douglas Finance Corporation and Subsidiaries
Computation of Ratio of Income to Fixed Charges



                                             Nine months ended
                                               September 30,
(Dollars in millions)                        1996        1995

Income:
  Income before taxes on income           $   50.8    $   44.7
  Fixed charges                               89.7        79.2
  Income before taxes on income and       $  140.5   $   123.9
       fixed charges

Fixed charges:
  Interest expense                        $   87.1    $   76.6
  Preferred stock cash dividends               2.6         2.6
                                          $   89.7    $   79.2

Ratio of income before taxes on income
   and fixed charges to fixed charges          1.57        1.56
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA 

FORT WAYNE DIVISION 

 

UNITED STATES OF AMERICA ) 

 ) 

 v. ) CASE NO.: 1:14-CR-19-TLS 

 ) 

MATTHEW D. HOTTINGER ) 

 

ORDER ACCEPTING FINDINGS AND RECOMMENDATION 

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

Magistrate Judge [ECF No. 81], filed on January 30, 2015. The Defendant has waived objection 

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

and Recommendation [ECF No. 81] 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 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 February 17, 2015. 

 s/ Theresa L. Springmann 

 THERESA L. SPRINGMANN 

 UNITED STATES DISTRICT COURT
## Court of Appeals Sixth Appellate District of Texas

J U D G M E N T

In the Interest of F.J., a Child

No. 06

- 19

- 00041

- CV Appeal from the 115th District Court of Upshur County, Texas (Tr. Ct. No. 682

- 17 ). Memorandum Opinion delivered by Chief Justice Morriss, Justice Burgess and Justice Stevens participating.

As stated in the Court’s opinion of this date, we find no error in the judgment of the court

below

. We affirm the judgment of the trial court.

We note that the appellant has adequately indicated his inability to pay costs of appeal.

Therefore, we waive payment of costs.

RENDERED OCTOBER 25, 2019

BY ORDER OF THE COURT JOSH R. MORRISS, III

CHIEF JUSTICE

ATTEST: Debra K. Autrey, Clerk
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2021 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2021

              To suspend temporarily the duty on Acephate.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 2005

Mrs. Tauscher introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
              To suspend temporarily the duty on Acephate.

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

SECTION 1. ACEPHATE.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``      9902.06.20      O,S-Dimethyl        Free         No change        No change        On or before 12/  ''.
                         acetylphosphorami                                                  31/2008
                         dothioate (CAS
                         No. 30560-19-1)
                         (provided or in
                         subheading
                         2930.90.44)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
Kelvin David ANDERSEN, petitioner, v. YOUNG AND RUBICAM ADVERTISING.

No. 12-10211.

Supreme Court of the United States

Nov. 18, 2013.

Petition for rehearing denied.

Justice ALITO took no part in the consideration or decision of this petition.
case 3:13-cv-00165-RLM-CAN document 1-3 filed 03/05/13 page 1 of 2
case 3:13-cv-00165-RLM-CAN document 1-3 filed 03/05/13 page 2 of 2
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1889 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 1889

        To extend the temporary suspension of duty on Ethoprop.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 27, 2005

 Mr. Cleaver introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
        To extend the temporary suspension of duty on Ethoprop.

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

SECTION 1. ETHOPROP.

    (a) In General.--Heading 9902.01.83 of the Harmonized Tariff 
Schedule of the United States is amended by striking ``12/31/2006'' and 
inserting ``12/31/2008''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of enactment of this Act.
                                 <all>
```
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION

ROBERT SZANYI, )

 )

Plaintiff, )

)

v. ) CAUSE NO. 2:13-CV-190 RM

)

STATE OF INDIANA, et al., )

)

Defendants. )

OPINION AND ORDER

Robert Szanyi, a pro se plaintiff, filed case initiating documents titled, “Motion for

Judicial Review,” and “Motion to Appeal,” along with a motion for leave to proceed in

forma pauperis. (DE 1-3.) Under the in forma pauperis statute, the court must screen the

complaint and dismiss if it is frivolous or malicious, fails to state a claim upon which relief

may be granted, or seeks monetary relief against a defendant who is immune from such

relief, 28 U.S.C. § 1915(e)(2)(B). 

It is apparent from Robert Szanyi’s filings that he is trying to seek judicial review of

a determination by the Indiana Family and Social Services Administration regarding his

eligibility for state Medicaid benefits. (See DE 1 at 7.) He has filed in the wrong court.

Indiana provides for judicial review of such determinations in its courts. IND. CODE § 4-

21.5-5-1; see also Evans v. State of Indiana, 908 N.E.2d 1254 (Ind. App. Ct. 2009) (deciding

petition for review filed by state medicaid claimant). Federal courts are courts of limited

jurisdiction, Northeastern Rural Elec. Membership Corp. v. Wabash Valley, 707 F.3d 883,

890 (7th Cir. 2013), and there is no federal vehicle by which Mr. Szanyi can seek judicial
review of a state agency decision regarding his eligibility for a state program. Accordingly,

his complaint will be dismissed, but the dismissal will not prevent him from pursuing

whatever remedies he may have available in state court.

For these reasons, the motion for leave to proceed in forma pauperis (DE 3) and

motion to appeal (DE 2) are DENIED, and the complaint (DE 1) is DISMISSED WITHOUT

PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B). 

SO ORDERED 

ENTERED: June 5 , 2013

 /s/ Robert L. Miller, Jr. 

Judge

United States District Court

2
USDC IN/ND case 2:13-cv-00354-JVB-APR   document 1   filed 10/01/13   page 1 of 19

USDC IN/ND case 2:13-cv-00354-JVB-APR   document 1   filed 10/01/13   page 2 of 19

USDC IN/ND case 2:13-cv-00354-JVB-APR   document 1   filed 10/01/13   page 3 of 19

USDC IN/ND case 2:13-cv-00354-JVB-APR   document 1   filed 10/01/13   page 4 of 19

USDC IN/ND case 2:13-cv-00354-JVB-APR   document 1   filed 10/01/13   page 5 of 19

USDC IN/ND case 2:13-cv-00354-JVB-APR   document 1   filed 10/01/13   page 6 of 19

USDC IN/ND case 2:13-cv-00354-JVB-APR   document 1   filed 10/01/13   page 7 of 19

USDC IN/ND case 2:13-cv-00354-JVB-APR   document 1   filed 10/01/13   page 8 of 19

USDC IN/ND case 2:13-cv-00354-JVB-APR   document 1   filed 10/01/13   page 9 of 19

USDC IN/ND case 2:13-cv-00354-JVB-APR   document 1   filed 10/01/13   page 10 of 19

USDC IN/ND case 2:13-cv-00354-JVB-APR   document 1   filed 10/01/13   page 11 of 19

USDC IN/ND case 2:13-cv-00354-JVB-APR   document 1   filed 10/01/13   page 12 of 19

USDC IN/ND case 2:13-cv-00354-JVB-APR   document 1   filed 10/01/13   page 13 of 19

USDC IN/ND case 2:13-cv-00354-JVB-APR   document 1   filed 10/01/13   page 14 of 19

USDC IN/ND case 2:13-cv-00354-JVB-APR   document 1   filed 10/01/13   page 15 of 19

USDC IN/ND case 2:13-cv-00354-JVB-APR   document 1   filed 10/01/13   page 16 of 19

USDC IN/ND case 2:13-cv-00354-JVB-APR   document 1   filed 10/01/13   page 17 of 19

USDC IN/ND case 2:13-cv-00354-JVB-APR   document 1   filed 10/01/13   page 18 of 19

USDC IN/ND case 2:13-cv-00354-JVB-APR   document 1   filed 10/01/13   page 19 of 19
EXHIBIT 31.1

                                 CERTIFICATION

I,  Scott A.  Haire, certify that:

     1. I have reviewed this quarterly report on Form 10-Q of MB Software, Inc.;

     2. Based on my knowledge, this quarterly report 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  with respect to the period covered by this quarterly
report;

     3. Based on my knowledge,  the financial  statements,  and other  financial
information  included in this quarterly  report,  fairly present in all material
respects the financial  condition,  results of operations  and cash flows of the
registrant as of, and for, the periods presented in this quarterly report;

     4. The  registrant's  other  certifying  officers and I are responsible for
establishing and maintaining  disclosure  controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have:

          a. designed  such  disclosure  controls and  procedures 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 quarterly report is being prepared;

          b. evaluated the effectiveness of the registrant's disclosure controls
and  procedures  as of a date  within 90 days prior to the  filing  date of this
quarterly report (the "Evaluation Date"); and

          c.  presented  in this  quarterly  report  our  conclusions  about the
effectiveness of the disclosure  controls and procedures based on our evaluation
as of the Evaluation Date;

     5. The registrant's other certifying  officers and I have disclosed,  based
on our most  recent  evaluation,  to the  registrant's  auditors  and the  audit
committee  of  registrant's  board  of  directors  (or  persons  performing  the
equivalent function);

          a. all significant deficiencies in the design or operation of internal
controls  which  could  adversely  affect  the  registrant's  ability to record,
process,  summarize  and  report  financial  data  and have  identified  for the
registrant's auditors any material weaknesses in internal controls; and

          b. any fraud,  whether or not material,  that  involves  management or
other  employees  who  have a  significant  role  in the  registrant's  internal
controls;

     6. The registrant's other certifying  officers and I have indicated in this
quarterly  report  whether or not there  were  significant  changes in  internal
controls or in other factors that could  significantly  affect internal controls
subsequent to the date of our most recent  evaluation,  including any corrective
actions with regard to significant deficiencies and material weaknesses.

Date: Aug. 12 , 2003

/S/  Scott A. Haire
Scott A. Haire,
Chairman of the Board,
(Chief Executive Officer and Principal Financial Officer)
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISION

NYKAZA GEE, )

)

Plaintiff, )

) CAUSE NO. 3:15-CV-442 JTM-CAN

v. )

)

INDIANA DEPARTMENT OF )

CORRECTIONS, et al., )

)

Defendants. )

ORDER

The defendants Brady Janovitz and Eric Parrish, by counsel, seek additional time to respond

to the complaint. Counsel explains that additional time is needed to review and investigate the

allegations before preparing a responsive pleading. This is the defendants first request for additional

time. In the interests of justice, the motion (DE 19) is GRANTED and the deadline for responding

is ENLARGED to July 5, 2016.

SO ORDERED.

Dated this 8th Day of June, 2016.

S/Christopher A. Nuechterlein

Christopher A. Nuechterlein

United States Magistrate Judge

USDC IN/ND case 3:15-cv-00442-JVB-MGG document 21 filed 06/08/16 page 1 of 1
I 

109TH CONGRESS 

1ST SESSION H. R. 1913 

To suspend temporarily the duty on ACRYPET UT100. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2005 

Mr. HOBSON introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To suspend temporarily the duty on ACRYPET UT100. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SUSPENSION OF DUTY ON ACRYPET UT100. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.--.- 2-Propenoic acid, 2-methyl-, 

methyl ester, polymer with 

1-cyclohexyl-1H-pyrrole-2,5- 

dione,ethylbenzene and (1- 

methylethenyl)benzene (CAS 

No. 107194–09–2) (provided 

for in subheading 

3906.10.00) ......................... Free No change No change On or before 

12/31/2009. .’’ 
2 

HR 1913 IH 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to articles entered, or withdrawn 

3 from warehouse for consumption, on or after the 15th day 

4 after the date of the enactment of this Act. 

Æ
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 on Form 10-Q for the fiscal quarter ended March 31, 2011 of Boeing Capital Corporation (the Company) as filed with the U.S. Securities and Exchange
Commission on the date hereof (the Report) and pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, I, Kelvin E. Council, Vice President and Chief Financial Officer of the Company,
certify, that:



| | (1) |  | the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
| | --- |  | ---------------------------------------------------------------------------------------------------------------------------------



| | (2) |  | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------



|               |  |                                                             
|-------------- |  | ------------------------------------------------------------
|April 27, 2011 |  | /s/ KELVIN E. COUNCIL                                       
|               |  | Kelvin E. Council
Vice President and Chief Financial Officer



26
##### 



EXHIBIT 12
 INTERNATIONAL LEASE FINANCE CORPORATION AND SUBSIDIARIES
 COMPUTATION OF RATIOS OF EARNINGS TO FIXED CHARGES AND PREFERRED STOCK
DIVIDENDS FOR THE THREE MONTHS ENDED MARCH 31, 2005 AND 2004
(Dollars in thousands)
 Restated
    
    Restated2005
    
    2004(Unaudited)Earnings:Net Income
    
    $
    128,922
    
    
    $
    129,108Add:Provision for income taxes
    
    
    60,096
    
    
    
    60,636Fixed charges
    
    
    254,913
    
    
    
    241,221Less:Capitalized interest
    
    
    (14,507
    )
    
    
    (12,712
    )Earnings as adjusted (A)
    
    $
    429,424
    
    
    $
    418,253Preferred dividend requirements
    
    $
    976
    
    
    $
    964Ratio of income before provision for income taxes to net income
    
    
    147
    %
    
    
    147
    %Preferred dividend factor on pretax basis
    
    
    1,435
    
    
    
    1,417Fixed Charges:Interest expense
    
    
    240,406
    
    
    
    228,509Capitalized interest
    
    
    14,507
    
    
    
    12,712Fixed charges as adjusted (B)
    
    
    254,913
    
    
    
    241,221Fixed charges and preferred stock dividends (C)
    
    $
    256,348
    
    
    $
    242,638Ratio of earnings to fixed charges
(A) divided by (B)
    
    
    1.68
    x
    
    
    1.73
    xRatio of earnings to fixed charges and preferred stock dividends
(A) divided by (C)
    
    
    1.68
    x
    
    
    1.72
    x
  -30-
I 

109TH CONGRESS 

1ST SESSION H. R. 1798 

To amend the Outer Continental Shelf Lands Act to permanently prohibit 

the conduct of offshore drilling on the outer Continental Shelf in the 

Mid-Atlantic and North Atlantic planning areas. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 21, 2005 

Mr. PALLONE introduced the following bill; which was referred to the 

Committee on Resources 

A BILL 

To amend the Outer Continental Shelf Lands Act to permanently prohibit the conduct of offshore drilling on the 

outer Continental Shelf in the Mid-Atlantic and North 

Atlantic planning areas. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clean Ocean and Safe 

5 Tourism Anti-Drilling Act’’ or the ‘‘COAST Anti-Drilling 

6 Act’’. 
2 

•HR 1798 IH 

1 SEC. 2. PROHIBITION OF OIL AND GAS LEASING IN CER2 TAIN AREAS OF THE OUTER CONTINENTAL 

3 SHELF. 

4 Section 8 of the Outer Continental Shelf Lands Act 

5 (43 U.S.C. 1337) is amended by adding at the end the 

6 following: 

7 ‘‘(p) PROHIBITION OF OIL AND GAS LEASING IN

8 CERTAIN AREAS OF THE OUTER CONTINENTAL SHELF.— 

9 Notwithstanding any other provision of this section or any 

10 other law, the Secretary of the Interior shall not issue a 

11 lease for the exploration, development, or production of 

12 oil, natural gas, or any other mineral in— 

13 ‘‘(1) the Mid-Atlantic planning area; or 

14 ‘‘(2) the North Atlantic planning area.’’. 

Æ