alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

The Honorable William R. Wilson, Jr., United States District Judge for the

Eastern District of Arkansas.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 08-2904

___________

United States of America, *

*

Appellee, *

* Appeal from the United States

v. * District Court for the

* Eastern District of Arkansas.

Ronnie Joe Benson, *

* [UNPUBLISHED]

Appellant. *

___________

Submitted: July 7, 2009

Filed: July 9, 2009

___________

Before BYE, COLLOTON, and GRUENDER, Circuit Judges.

___________

PER CURIAM.

Ronnie Benson appeals following the district court’s1

 orders reducing his

sentence pursuant to 18 U.S.C. § 3582(c)(2) and denying reconsideration. We affirm.

In 1997, a jury found Benson guilty of conspiracy to possess with intent to

distribute cocaine base, in violation of 21 U.S.C. § 846, and possession with intent to

distribute cocaine, in violation of 21 U.S.C. § 841. The district court sentenced him

to a total of 360 months in prison (the bottom of the Guidelines range of 360 months
-2-

to life) and 5 years of supervised release. We affirmed the conviction and sentence.

See United States v. Sanders, Nos. 07-3782/3856, 1998 WL 796101, at *1 (8th Cir.

Nov. 16, 1998) (unpublished per curiam). 

In June 2008, Benson filed a counseled motion to reduce his sentence based on

Amendment 706 to the Guidelines, which retroactively reduced base offense levels

for crack offenses. The government indicated that it did not object to imposition of

a sentence at the bottom of the revised sentencing range of 292-365 months. The

district court granted Benson’s motion and reduced his 360-month prison sentence to

292 months. In a pro se motion to reconsider, Benson challenged his counsel’s failure

to object to the drug-quantity calculations in his presentence report. The district court

denied the motion. 

We have considered Benson’s arguments on appeal, and we find no grounds for

reversal. See United States v. Starks, 551 F.3d 839, 841-43 (8th Cir.) (discussing

narrow scope of sentence reductions under § 3582(c), and inapplicability of United

States v. Booker, 543 U.S. 220 (2005)), cert. denied, 2009 WL 1043901 (U.S. June

1, 2009) (No. 08-9839). As to Benson’s complaint about his counsel, we note that

there is no right to counsel in a section 3582(c)(2) proceeding. See United States v.

Brown, 565 F.3d 1093, 1094 (8th Cir. 2009) (per curiam).

Accordingly, we grant counsel’s motion to withdraw and Benson’s motion to

supplement, and we affirm the judgment of the district court.

______________________________
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ARS Home Plains Area Kerrville, Texas Knipling-Bushland U.S. Livestock Insects Research Laboratory Livestock Arthropod Pest Research Unit People & Locations







Randy Wayne Ryan, Jr.

(Wayne)
                        Livestock Arthropod Pest Research Unit

                        




                        
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                                                (Clicking on the reprint icon
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                                                    will take you to the publication reprint.)A MECHANISM FOR PREVENTION OF DIURNAL FEEDING FROM THE '4-POSTER' DEER TREATMENT STATION

- (Other)Pound, J.M., Miller, J.A., Earl, G.R., Ryan Jr, R.W. 2007. A mechanism for prevention of diurnal feeding from the '4-poster' deer treatment station. U.S. Patent 7,308,867 B1.


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II

105TH CONGRESS

1ST SESSION S. 1035

To establish a moratorium on large fishing vessels in Atlantic herring and

mackerel fisheries.

IN THE SENATE OF THE UNITED STATES

JULY 17, 1997

Mr. REED (for himself, Mr. TORRICELLI, Mr. CHAFEE, and Mr. LAUTENBERG) introduced the following bill; which was read twice and referred

to the Committee on Commerce, Science, and Transportation

A BILL

To establish a moratorium on large fishing vessels in Atlantic

herring and mackerel fisheries.

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

3 SECTION 1. MORATORIUM.

4 (a) IN GENERAL.—Notwithstanding any provision of

5 the Magnuson-Stevens Fishery Conservation and Manage6 ment Act (16 U.S.C. 1801 et seq.), no large fishing vessel

7 may engage in fishing for Atlantic herring or Atlantic

8 mackerel within the United States exclusive economic zone

9 until—
2

•S 1035 IS

1 (1) the National Marine Fisheries Service has

2 completed a new population survey concerning the

3 abundance of the discrete spawning stocks of Atlan4 tic herring and Atlantic mackerel; and

5 (2) the Secretary of Commerce has approved

6 and implemented fishery management plans devel7 oped by the appropriate regional fishery manage8 ment council for Atlantic herring and Atlantic mack9 erel, that specifically allow large fishing vessels to

10 participate in those fisheries.

11 (b) DEFINITIONS.—In this section:

12 (1) FISHERY MANAGEMENT PLAN.—The term

13 ‘‘fishery management plan’’ means a fishery man14 agement plan prepared under section 303 of the

15 Magnuson-Stevens Fishery Conservation and Man16 agement Act (16 U.S.C. 1853).

17 (2) LARGE FISHING VESSEL.—The term ‘‘large

18 fishing vessel’’ means a fishing vessel (as that term

19 is defined in section 3 of the Magnuson-Stevens

20 Fishery Conservation and Management Act (16

21 U.S.C. 1802)) of the United States that is equal to

22 or greater than 165 feet in length overall and has

23 an engine of more than 3,000 horsepower.

24 (3) REGIONAL FISHERY MANAGEMENT COUN25 CIL.—The term ‘‘regional fishery management coun-
3

•S 1035 IS

1 cil’’ means a regional fishery management council

2 established under section 302 of the Magnuson-Ste3 vens Fishery Conservation and Management Act (16

4 U.S.C. 1852).

5 (4) UNITED STATES EXCLUSIVE ECONOMIC

6 ZONE.—The term ‘‘United States exclusive economic

7 zone’’ means the exclusive economic zone established

8 by Proclamation No. 5030, issued on March 10,

9 1983.

Æ
# Official Journal L 392/31 D

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 392 |
| | |
| English edition | Legislation | Volume 4731 December 2004 |

ISSN 1725-2555

Official Journal

of the European Union

L 392

English edition

Legislation

Volume 4731 December 2004

---

| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | |
| | * | Commission Regulation (EC) No 2236/2004 of 29 December 2004 amending Regulation (EC) No 1725/2003 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council as regards International Financial Reporting Standards (IFRSs) Nos 1, 3 to 5, International Accounting Standards (IASs) Nos 1, 10, 12, 14, 16 to 19, 22, 27, 28, 31 to 41 and the interpretations by the Standard Interpretation Committee (SIC) Nos 9, 22, 28 and 32 (1) | 1 |

Contents

I   Acts whose publication is obligatory

page

*

Commission Regulation (EC) No 2236/2004 of 29 December 2004 amending Regulation (EC) No 1725/2003 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council as regards International Financial Reporting Standards (IFRSs) Nos 1, 3 to 5, International Accounting Standards (IASs) Nos 1, 10, 12, 14, 16 to 19, 22, 27, 28, 31 to 41 and the interpretations by the Standard Interpretation Committee (SIC) Nos 9, 22, 28 and 32 (1)

1

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
<PAGE>

                                                                    EXHIBIT 99.1



                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 Azurel,  Ltd. on Form 10-KSB/A for the
fiscal year ending  December 31, 2002 as filed with the  Securities and Exchange
Commission  on the date  hereof  (the  "Report"),  I,  Steven  Moskowitz,  Chief
Executive Officer of Azurel,  Ltd., certify,  pursuant to 18 U.S.C. ss. 1350, as
adopted pursuant to ss. 906 of the  Sarbanes-Oxley Act of 2002, that to the best
of my knowledge:

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 result of operations of
         Azurel, Ltd.

Date: September 18, 2003,

                  By:  /s/ Steven Moskowitz

                  Name: Steven Moskowitz
                  Title: Chief Executive Officer
<PAGE>   1
                                                                   EXHIBIT 10.91


July 17, 1998



Mr. Ben Noble
3261 Lenox Road, N.E.
Atlanta, Georgia 30324



      RE:  Extension of Letter of Agreement dated July 17, 1997



Dear Ben,



      Let this letter confirm that the due date for any and all monies payable
under the above-referenced Agreement (attached hereto as Exhibit "A") has been
extended to April 17, 1999. All other terms and conditions of said Agreement
remain in full force and effect.



Accepted and Agreed to by:



American Artists Film Corporation

/s/  Steven D. Brown
---------------------------------
Steven D. Brown, CEO

/s.  Ben Noble
---------------------------------
Mr. Ben Noble

<PAGE>   2
                                                                   EXHIBIT 10.91
                       AMERICAN ARTISTS FILM CORPORATION
--------------------------------------------------------------------------------
1245 Fowler Street, N.W. - Atlanta, GA 30318 - (404)876-7373 - FAX (404)885-9831


                                  EXHIBIT "A"


July 17, 1997

Mr. Ben Noble
3261 Lenox Road, N.E.
Atlanta, Georgia 30324

Re:  LETTER OF AGREEMENT

     This letter will confirm the terms and conditions of an unsecured revolving
line of credit, in the amount of $100,000, established in favor of American
Artists Film Corporation ("AAFC"). Borrowings may be made under this agreement
for a period of 365 days, however, any remaining outstanding amounts, with
interest, will be due and payable no later than July 17, 1998. Interest,
calculated at the prime rate plus 1%, will be due and payable on a monthly
basis, no later than the 15th day of each month.

     This Letter of Agreement sets forth the terms of this agreement in its 
entirety.

Accepted and Agreed to by:


American Artists Film Corporation


/s/ Steven D. Brown
---------------------------------
Steven D. Brown, Chairman and CEO



/s/ Mr. Ben Noble
---------------------------------
Mr. Ben Noble
# Official Journal C 193A/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.CA2013.193.eng |
| --- | --- |
| Official Journal
  of the European Union | C 193A |
| | |
| English edition | Information and Notices | Volume 564 July 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.CA2013.193.eng

Official Journal

of the European Union

C 193A

English edition

Information and Notices

Volume 564 July 2013

---

| Notice No | Contents | page |
| --- | --- | --- |
| | V   Announcements |
| | ADMINISTRATIVE PROCEDURES |
| | European Personnel Selection Office (EPSO) |
| 2013/C 193A/01 | Notice of open competitions — Conference interpreters (EN/FR/RO/SL) | 1 |

Notice No

Contents

page

V   Announcements

ADMINISTRATIVE PROCEDURES

European Personnel Selection Office (EPSO)

2013/C 193A/01

Notice of open competitions — Conference interpreters (EN/FR/RO/SL)

1

---

REVIEW OF COMPETITION C A OJs

Please find below the list of C A published during the present year.

Unless otherwise indicated, OJs are published in all language versions.

| 5 | |
| --- | --- |
| 27 | (RO) |
| 29 | |
| 33 | |
| 34 | |
| 36 | (DA) |
| 41 | (BG) |
| 43 | (EN) |
| 49 | (ET) |
| 50 | (HU) |
| 51 | (SL) |
| 54 | (DE/EN/FR) |
| 58 | (EN/GA) |
| 75 | |
| 81 | |
| 82 | |
| 88 | (BG) |
| 89 | (CS) |
| 94 | |
| 104 | |
| 109 | |
| 111 | |
| 112 | (DE/EN/FR) |
| 117 | (ET) |
| 118 | |
| 120 | |
| 131 | |
| 143 | |
| 160 | (DE/EN/FR) |
| 162 | |
| 166 | |
| 167 | |
| 168 | |
| 172 | |
| 173 | |
| 174 | |
| 176 | (BG/DE/EN/ET/FI/IT/LT/LV/MT/NL/PL/PT/SK/SL/SV) |
| 180 | (MT) |
| 182 | (DE/EN/FR) |
| 183 | (IT) |
| 191 | |
| 192 | |
| 193 | |

5

27

(RO)

29

33

34

36

(DA)

41

(BG)

43

(EN)

49

(ET)

50

(HU)

51

(SL)

54

(DE/EN/FR)

58

(EN/GA)

75

81

82

88

(BG)

89

(CS)

94

104

109

111

112

(DE/EN/FR)

117

(ET)

118

120

131

143

160

(DE/EN/FR)

162

166

167

168

172

173

174

176

(BG/DE/EN/ET/FI/IT/LT/LV/MT/NL/PL/PT/SK/SL/SV)

180

(MT)

182

(DE/EN/FR)

183

(IT)

191

192

193

| EN | |
| --- | --- |

EN
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-7089

TYRONE L. JOHNSON,

Petitioner - Appellant,

versus

D.A. BRAXTON, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern

District of Virginia, at Richmond. Robert E. Payne, District

Judge. (CA-92-847)

Submitted: September 9, 2004 Decided: September 16, 2004

Before WILKINSON, MICHAEL, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Tyrone L. Johnson, Appellant Pro Se. Donald Eldridge Jeffrey, III,

OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Tyrone Johnson seeks to appeal the district court’s order

dismissing as untimely his petition filed under 28 U.S.C. § 2254

(2000). An appeal may not be taken from the final order in a

habeas corpus proceeding unless a circuit justice or judge issues

a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A

certificate of appealability will not issue absent “a substantial

showing of the denial of a constitutional right.” 28 U.S.C.

§ 2253(c)(2) (2000). A prisoner satisfies this standard by

demonstrating that reasonable jurists would find that his

constitutional claims are debatable and that any dispositive

procedural rulings by the district court are also debatable or

wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336 (2003);

Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d

676, 683 (4th Cir. 2001). We have independently reviewed the

record and conclude that Johnson has not made the requisite

showing. Accordingly, we 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
----

            COMMISSION REGULATION (EC) No 1912/2004

of 29 October 2004         

fixing the minimum selling price for skimmed-milk powder for the 6th individual invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 214/2001

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10(c) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

For the 6th individual invitation to tender pursuant to Regulation (EC) No 214/2001, in respect of which the time limit for the submission of tenders expired on 26 October 2004, the minimum selling price for skimmed milk is fixed at 200,70 EUR/100 kg.

Article 2

This Regulation shall enter into force on 30 October 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 29 October 2004.

For the Commission

Franz FISCHLER            

Member of the Commission

----

(1)OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

(2)OJ L 37, 7.2.2001, p. 100. Regulation as last amended by Regulation (EC) No 1675/2004 (OJ L 300, 25.9.2004, p. 12).

----
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 14-1670

KIRBY BARNES,

 Plaintiff – Appellant,

v.

SMITHFIELD FOODS,

 Defendant - Appellee.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Norfolk. Rebecca Beach Smith, Chief

District Judge. (2:14-cv-00080-RBS-LRL)

Submitted: October 16, 2014 Decided: October 20, 2014

Before MOTZ, WYNN, and THACKER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Kirby Barnes, Appellant Pro Se. Kurt George Larkin, HUNTON & 

WILLIAMS, LLP, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Kirby Barnes appeals the district court’s order 

dismissing his complaint without prejudice for failing to serve 

the Defendant, Smithfield Foods, within 120 days of filing the 

complaint, pursuant to Fed. R. Civ. P. 4(m). On appeal, we 

confine our review to the issues raised in the Appellant’s 

brief. See 4th Cir. R. 34(b). Because Barnes’ informal brief 

does not challenge the basis for the district court’s 

disposition, Barnes has forfeited appellate review of the 

court’s order. Accordingly, although we grant leave to proceed 

in forma pauperis, we affirm the district court’s judgment. We 

dispense with oral argument because the facts and legal 

contentions are adequately presented in the materials before 

this court and argument would not aid the decisional process.

AFFIRMED
#### MAYER v. DAVIS et al.

{Supreme Court, Appellate Division, Second Department.

November 22, 1907.)

Bastards—Illegitimacy—Sufficiency of Evidence.

Where, illegitimacy of the issue of a married woman is asserted, it must be incontrovertibly shown that there was no such access as could have enabled the husband to be the father.

[Ed. Note.—For cases in point, see Cent. Dig. vol. 6, Bastards, §§ 9, 10.]

On reargument. Judgment below reversed, and new trial granted.

For former opinion, see 119 App. Div. 96, 103 N. Y. Supp. 943.

Argued before HIRSCHBERG, P. J., and HOOKER, RICH, MILLER, and GAYNOR, JJ.

Harry E. Lewis, for appellant.

I. R. Oeland, for respondents.

GAYNOR, J.

When this case was first disposed of by us I wrote:

> “If 280 days be taken as the period of gestation, there were within it 39 days of possible sexual access of the appellant’s parents before his father went to the hospital, and if 300 days be taken as the period allowed from the latest opportunity of access to delivery, there were 59.”

In this I made' the large error of 47 days. I should have written "“before his father died,” instead of “before his father went to the "hospital”; and he was in the hospital 47 days. The result is that there was no time of possible access if the period of 280 days be taken (for there was no access during the 47 days the deceased was in the hospital) , and only 12 days if the period ofj 300 days be taken. During these 12 days the deceased was living in the household of the mother of the two tenants in common other than the appellant, as pointed out in my former opinion. The purport of her testimony was that the wife of the deceased never visited him there. But she says that she was not always at home, and could not tell how often she went out. Moreover she was testifying for her children, and to be classed as a biased witness. The burden was on the respondents to show incontrovertibly—by “irrefragable proof” (Caujolle v. Ferrie, 23 N. Y. 108), i. e., so clearly and certainly as not to admit of denial, dispute or controversy (see “Irrefragable,” Century Dictionary)—that such access did not take place, and this they did not do. It would be hazardous to say there was no access.

The judgment should be reversed both on the law and the facts.

> Judgment reversed on the law and the facts on reargument, and new trial granted; costs to abide the final award of costs. All concur.