alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

UNITED STATES OF AMERICA )

)

v. ) CAUSE NO. 1:15-cr-00044-TLS-SLC

)

COREY S. EAVES )

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 February 26, 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 the 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 26th day of February 2016.

/s/ Susan Collins 

Susan Collins

United States Magistrate Judge

2
(121 App. Div. 701.)

#### LAWRENCE et al. v. BINNINGER et al.

(Supreme Court, Appellate Division, First Department.

November 8, 1907.)

Deposits in Court—Interest—Construction op Order.

Where plaintiffs failed to comply with an order directing that they deposit with the New York city chamberlain a specified sum, “with interest” from May 12, 1905, to the credit of the action, and were thereupon adjudged in contempt, it was improper for the court to permit plaintiffs to purge themselves by depositing the amount directéd, with interest at 2% per cent-, as the words “with interest” meant interest at the legal rate of 6 per cent.

Appeal from Special Term, New York County.

Action by George H. Lawrence and others, as executors of the estate of Elizabeth H. Sias, deceased, against George F. Binninger and others. From that portion of an order directing plaintiff to deposit with the chamberlain of the city of New York certain moneys to the credit of the action, with interest at the rate of 2% per cent., defendants appeal. Modified and affirmed.

Argued before PATTERSON, P. J., and INGRAHAM, LAUGH - LIN, CLARKE, and HOUGHTON, JJ.

*501Louis Wendel, Jr., for appellants.

Henry C. Henderson, for respondents.

PER CURIAM.

The order of this court in this action directed that the plaintiffs deposit to the credit of the action with the chamberlain of the city of New York the sum of $1,808.15, together with interest thereon from the 12th day of May, 1905. They having failed to comply with that order, the defendants moved at Special Term to punish them for contempt. The order was granted and they were adjudged guilty of contempt, but were permitted to purge themselves therefrom by depositing such money as directed, with interest thereon at the rate of *2V<¡*per cent. The defendants appeal from that part of the order fixing the rate of interest.

The term “with interest,” appearing in the order of this court, meant legal interest, which is 6 per cent, per annum. The Special Term had no right to fix a lesser rate, or one which was earned by the money when in the hands of the city chamberlain. The plaintiffs have had possession of the money, and presumably the use of it. When ordered to restore it, with interest, it was their duty to do so, with interest at the legal rate.

The order appealed from should be modified, by striking out the provision "with *2y2*per cent, interest,” and inserting in place thereof “with interest at the rate of 6 per cent.,” and, as so modified, affirmed, with $10 costs and disbursements to the appellants.
U.S. flagAn official website of the United States government
                    Here's how you know **Official websites use .gov**
                            
                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
                            A **lock** (                            
                              A locked padlock                                                      
                            
                            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.


Menu Agricultural Research Service
						
                    U.S. DEPARTMENT OF AGRICULTURE
 Application Technology Research: Wooster, OH
 close



    Research

                    Research Projects
                                    Publications
                                    Collaborations
                                    News
                                    Software
                People

                    Staff Listing
                                    Careers


        


                    Departments
                        Agricultural Engineering
                                    Entomology
                                    Horticulture
                                    Plant Pathology
                                    IR-4 programSearch small
                    Search
            
            ARS Home
                                About ARS
                                Contact Us






Entomologyheadline bar Development of Harmonic Radar Transponders to Track Black Vine Weevil Behavior in Nurseries
               Drip chemigation for control of scarab grubs in field-grown nursery crops
               More Information
               Oviposition behavior of oriental beetle in nursery crops
               Subsurface application of insecticides for control of white grubs and black vine weevil in field-grown nursery crops
               Trapping to survey for ambrosia, bark, and other wood-boring beetles.
               Home
               Development of alternatives to insecticide dips for Japanese beetle quarantine procedures


Return to top


Connect with ARS Sign up


ARS Home
                            USDA.gov
                            Plain Writing
                            Policies & Links
                            Civil Rights Statements
                            FOIA
                            Accessibility Statement
                            Privacy Policy
                            Non-Discrimination Statement
                            Quality of Information
                            USA.gov
                            WhiteHouse.gov
U.S. flagAn official website of the United States government
                    Here's how you know **Official websites use .gov**
                            
                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
                            A **lock** (                            
                              A locked padlock                                                      
                            
                            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.


Menu Agricultural Research Service
						
                    U.S. DEPARTMENT OF AGRICULTURE
 Bio-oils Research: Peoria, IL
 close



    Research

                    Research Projects
                                    Publications
                                    Collaborations
                                    News
                People

                    Staff Listing
                                    Careers


        


                    NCAUR Homepage
                    BOR-NCAUR pilot plant facilities
                        Seed pressing and refining equipment
                                    Oil synthesis equipment
                                    Other equipmentSearch small
                    Search
            
            ARS Home
                                About ARS
                                Contact Us




ARS Home Midwest Area Peoria, Illinois National Center for Agricultural Utilization Research Bio-oils Research Docs







Instapro 600 Jr extruderheadline bar Instapro 600 Jr extruder


Return to top


Connect with ARS Sign up


ARS Home
                            USDA.gov
                            Plain Writing
                            Policies & Links
                            Civil Rights Statements
                            FOIA
                            Accessibility Statement
                            Privacy Policy
                            Non-Discrimination Statement
                            Quality of Information
                            USA.gov
                            WhiteHouse.gov
U.S. flagAn official website of the United States government
                    Here's how you know **Official websites use .gov**
                            
                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
                            A **lock** (                            
                              A locked padlock                                                      
                            
                            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.


Menu Agricultural Research Service
						
                    U.S. DEPARTMENT OF AGRICULTURE
 Application Technology Research: Wooster, OH
 close



    Research

                    Research Projects
                                    Publications
                                    Collaborations
                                    News
                                    Software
                People

                    Staff Listing
                                    Careers


        


                    Departments
                        Agricultural Engineering
                                    Entomology
                                    Horticulture
                                    Plant Pathology
                                    IR-4 programSearch small
                    Search
            
            ARS Home
                                About ARS
                                Contact Us






Intelligent Sprayheadline bar Main
               Partners
               Outreach Activities
               Project Summary
               News and Happenings
               Project Initiation Meeting


Return to top


Connect with ARS Sign up


ARS Home
                            USDA.gov
                            Plain Writing
                            Policies & Links
                            Civil Rights Statements
                            FOIA
                            Accessibility Statement
                            Privacy Policy
                            Non-Discrimination Statement
                            Quality of Information
                            USA.gov
                            WhiteHouse.gov
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA 

FORT WAYNE DIVISION 

 

UNITED STATES OF AMERICA ) 

 ) 

 v. ) CASE NO.: 1:16-CR-66-TLS 

 ) 

JACK DIFFENDARFER ) 

 

ORDER ACCEPTING FINDINGS AND RECOMMENDATION 

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

Magistrate Judge [ECF No. 24], filed on January 4, 2017. The Defendant has waived objection to 

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

Recommendation [ECF No. 24] 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), if applicable and necessary, the plea of guilty to the offense charged in Count 

One (1) of the single Count 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 January 23, 2017. 

 s/ Theresa L. Springmann 

 JUDGE THERESA L. SPRINGMANN 

 UNITED STATES DISTRICT COURT
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pa ne l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l a r g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T W I NFRE D H OW ARD LAV I RGNE, P e titio n e r- A p p e lla n t, v. J A M ES A . Y A TES, R es po nd ent- A pp el l ee . N o. 09- 17365 D. C . No . 2 : 0 9 - c v - 0 0 6 4 9 - L KK - DA D ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt f o rth e E a s te rn D is tr ic t o f C a lif o rn ia L a w r e nc e K . K a r l t on, S e ni orD i s tr i c tJudge , P r e s i di ng

S ubm i tt e d M a r c h 14, 2011 ** S a n F r a n c is c o , C a lif

o rn ia B efo re: W A L L A C E , N O O N A N , an dC L IF T O N , C i rcu i tJu d g es. P et i t i on er -A pp el l antW i nfre d H ow ar d L avi rgne, a C al i forni a s t at e pri soner, ap p e a ls f r o m th e d is tr ic t c o u rt’s d e n ia l o f h is p e titio n f

o raw r it o f

h ab e a s c o rp u s . W e ha ve j ur i s di c t i on pur s ua ntt o 28 U . S . C . § 2253. 

# FI LED MA R 16 2011 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS2

L avi rgne’ s argum entthathe “ had an absol ut e r i gh tt o am end [hi s] habeas p et i t i o n o n ce” fall s o u t si d e th e sco p e o f th e cert i fi cat e o f ap p eal ab i l i ty. Hi i vala v. W ood , 1 9 5 F .3 d1 0 9 8 , 1 1 0 3 ( 9 th C ir . 1 9 9 9 ) ( p e rc u r ia m ) . W e ch o o se n o tt o ex p an dth e sco p e o f th e cert i fi cat e o f ap p eal ab i l i ty b ecau se L avi rgne has notdem on stra t ed a “ ‘ subst ant i al show i ng of the deni al of a const i tut i on al ri gh t . ’ ” I d. a t 1 1 0 4 , quot i ng 28 U . S . C . § 2253( c ) ( 2) . P r i ort o a sum m ary di sm i ss al by the di stri ctcourt , a habeas pet i t i on erm ustbe af forded n o tic e a n da n o p p o rtu n ityto b e h e a r d . H e r bs t v . C ook , 2 6 0 F .3 d1 0 3 9 , 1 0 4 3 ( 9 th C i r . 2001) . L a vi r gne w a s gi ve n not i c e a nd a n opportuni tyt o be he a r d r e ga r di ng th e s u as p o n te d is m is s a l o f h is h ab e a s p e titio n . I n r e s p o n s e , L a v ir g n e f a ile dto pres entany c ol orabl e argum entw hy the st atut e of l i m i t at i on s on h i s habea s p e titio n s h o u ldb e to lle do rh o w th e s ta tu te o f lim ita tio n s w a s im p r o p e r ly ca l cul at ed by the C al i forni a S up er i or C ou rt . N ei ther does he i dent i fyon appeal a n y th in g o th e rth an h yp o th e tic a l s p e c u la tio n to s u p p o rt th e p r o p o s itio n th a t h is pet i t i on w as no tun t i m el y. L avi rgne’ s argum entthathe m ustal so be gi ven an o p p o rtu n ityto am e n dh is h ab e a s p e titio n h a s n o s u p p o rt in th e c a s e la w . AF F I RME D.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2304 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2304

 To provide for the payment of certain annuities under section 376 of 
         title 28, United States Code, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2005

  Mr. Snyder introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To provide for the payment of certain annuities under section 376 of 
         title 28, United States Code, and for other purposes.

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

SECTION 1. PAYMENT OF CERTAIN JUDICIAL SURVIVOR ANNUITIES.

    (a) In General.--Paragraph (2) of section 376(h) of title 28, 
United States Code, shall not apply with respect to the payment of an 
annuity to any individual described under subsection (b) of this 
section, which would otherwise be payable (but for the operation of 
such paragraph).
    (b) Individuals.--An individual referred to under subsection (a) is 
any individual who--
            (1) became a widow on the death of her spouse on July 14, 
        1987;
            (2) was remarried on October 20, 1990; and
            (3) again became a widow on the death of her spouse on 
        February 11, 2004.

SEC. 2. EFFECTIVE DATE.

    This Act shall take effect as of October 20, 1990.
                                 <all>
```
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2314 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2314

        To extend the suspension of duty on reduced vat blue 43.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2005

 Mr. Wilson of South Carolina introduced the following bill; which was 
              referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
        To extend the suspension of duty on reduced vat blue 43.

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

SECTION 1. REDUCED VAT BLUE 43.

    (a) In General.--Heading 9902.03.04 of the Harmonized Tariff 
Schedule of the United States (relating to reduced vat blue 43) 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 the enactment of this Act.
                                 <all>
```
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2377 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2377

    To reduce temporarily the duty on certain automotive catalytic 
                            converter mats.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 2005

 Mr. Kline (for himself, Mr. Boustany, and Mr. Souder) introduced the 
 following bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
    To reduce temporarily the duty on certain automotive catalytic 
                            converter mats.

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

SECTION 1. CERTAIN AUTOMOTIVE CATALYTIC CONVERTER MATS.

    (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:

``      9902.68.01      Automotive          1.5%         No change        No change        On or before 12/  ''.
                         catalytic                                                          31/2009
                         converter
                         insulation and
                         mounting mats
                         made from high
                         alumina ceramic
                         fibers produced
                         by a sol-gel
                         manufacturing
                         process (provided
                         for in subheading
                         6806.10.00)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
with respect 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>
```
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-6503

CHRISTOPHER MOSBY, Petitioner - Appellant, versus ATTORNEY GENERAL OF NORTH CAROLINA; G. L. WOODARD, Respondents - Appellees.Appeal from the United States District Court for the Middle District of North Carolina, at Durham. William L. Osteen, District Judge. (CA-99-834-1) Submitted: July 27, 2000 Decided: August 4, 2000 Before MURNAGHAN, WILKINS, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Christopher Mosby, Appellant Pro Se. Clarence Joe DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Christopher Mosby seeks to appeal the district court’s order dismissing his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2000). Mosby’s case was referred to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (1994). The magistrate judge recommended that relief be denied and advised Mosby that failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the recommendation. Despite this warning, Mosby failed to object to the magistrate judge’s recommendation. The timely filing of objections to a magistrate judge’s recommendation is necessary to preserve appellate review of the substance of that recommendation when the parties have been warned that failure to object will waive appellate review. See Wright v. Collins , 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v. Arn , 474 U.S. 140 (1985). Mosby has waived appellate review byfailing to file objections after receiving proper notice. We accordingly deny a certificate of appealability and dismiss the appeal. 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.

DISMISSED