alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee v. Brandon Lee JAMES, also known as Brandon Lee Orenstein, Defendant-Appellant.

No. 11-50083

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Oct. 6, 2011.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee.

Philip J. Lynch, Assistant Federal Public Defender, Henry Joseph Bemporad, Federal Public Defender, Federal Public Defender’s Office, San Antonio, TX, for Defendant-Appellant.

Before GARZA, SOUTHWICK, and HAYNES, Circuit Judges.

PER CURIAM: *

Brandon Lee James appeals from the 120-month sentence imposed by the district court following his conviction of one count of possession of an unregistered firearm; the sentence was 15 months above *49the top of the applicable guidelines range of 84-105 months of imprisonment.

Following *United States v. Booker,*543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), we review sentences for reasonableness in light of the sentencing factors in 18 U.S.C. § 3553(a). *See United States v. Mares,*402 F.3d 511, 519-20 (5th Cir.2005). In so doing, we engage in a bifurcated review. *Gall v. United States,*552 U.S. 38, 49-51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); *United States v. Delgado-Martinez,*564 F.3d 750, 752 (5th Cir.2009). We must first ensure that the sentencing court committed no significant procedural error. *Gall,*552 U.S. at 51, 128 S.Ct. 586. If there is no procedural error, we review the substantive reasonableness of the sentence under a deferential abuse of discretion standard, taking into account the totality of the circumstances. *Id.; United States v. Cisneros-Gutierrez,*517 F.3d 751, 764 (5th Cir.2008).

Although James argues that the district court erred by taking into account his extensive juvenile criminal history during sentencing, the district court was free to do so. *See United States v. Smith,*440 F.3d 704, 708-10 (5th Cir.2006). The district court was in the best position to evaluate James’s history and characteristics, as well as the need for the sentence imposed to deter him from further criminal conduct and to protect the public from his future crimes, and its decision is entitled to deference. *See*§ 3553(a); *Gall,*552 U.S. at 51-52, 128 S.Ct. 586; *Smith,*440 F.3d at 708-10.

Further, the 15-month variance at issue is considerably less than other sentences that this court has affirmed. *See Smith,*440 F.3d at 708 n. 5, 709-10 (upholding as reasonable variance from guidelines range maximum of 27 months to 60 months); *United States v. Smith,*417 F.3d 483, 492 (5th Cir.2005) (upholding departure from guidelines range maximum of 41 months to 120 months). That we “might reasonably have concluded that a different sentence was appropriate is insufficient to justify reversal of the district court.” *Gall,*552 U.S. at 51,128 S.Ct. 586.

AFFIRMED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
NOTE: This disposition is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________ 

WHITEPAGES, INC.,

Plaintiff/Counterclaim Defendant-Appellee

v.

JEFFREY ISAACS, GREENFLIGHT VENTURE 

CORPORATION,

Defendants/Counterclaimants-Appellants

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

GREENFLIGHT VENTURE CORPORATION, 

JEFFREY ISAACS,

Plaintiffs-Appellants

v.

TRUE SOFTWARE SCANDINAVIA A.B.,

Defendant-Appellee

______________________ 

2016-2672, 2017-1299

______________________ 

Appeals from the United States District Court for the 

Northern District of California in Nos. 3:16-cv-00175-RS, 

3:16-cv-01837-RS, Judge Richard Seeborg.

______________________ 

JUDGMENT
 

______________________ 

BRYAN ALEXANDER KOHM, Fenwick & West, LLP, San 

Francisco, CA, argued for all appellees. Appellee 

Whitepages, Inc. also represented by RAVI RAGAVENDRA 

RANGANATH; ELIZABETH B. HAGAN, Seattle, WA.

 ASHLEY NICOLE MOORE, McKool Smith, PC, Dallas, 

TX, for appellee True Software Scandinavia A.B. Also 

represented by WARREN LIPSCHITZ, JONATHAN NATHANIAL 

POWERS. 

 ALDO BADINI, Winston & Strawn LLP, New York, NY, 

argued for appellants. Also represented by MULAN CUI. 

______________________ 

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED: 

 PER CURIAM (DYK, REYNA, and WALLACH, Circuit 

Judges).

AFFIRMED. See Fed. Cir. R. 36.

 ENTERED BY ORDER OF THE COURT

 October 11, 2017 /s/ Peter R. Marksteiner 

 Date Peter R. Marksteiner

 Clerk of Court
#### Cobb County Chemical Mining Company *v.*Kirkpatrick

February 10, 1915.

Action for damages. Before Judge Bell. Fulton superior court. December 6, 1913.

*Anderson & Rountree*and *R. W. Crenshaw,*for plaintiff in error.

*Westmoreland Brothers*and *Frank L. Neufville,*contra.

Hill, J.

1. The special grounds of the motion for a new trial all complain of certain portions of the charge to the jury. The excerpts from the charge complained of, when taken in connection with the entire charge, afford no ground for a new trial.

2. The verdict was supported by the evidence, and the court did not err in refusing a new trial.

*Judgment affirmed.*

*All the Justices concur, except Fish, O. J., absent.*
<PAGE>
                                                                      EXHIBIT 23




               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS


We consent to the incorporation by reference in (i) the Registration Statement
(Form S-8 No. 33-73550) pertaining to the 1993 Equity Incentive Plan of
Wolverine Tube, Inc.; (ii) the Registration Statement (Form S-8 No. 33-73490)
pertaining to the 1993 Stock Option Plan for Outside Directors of Wolverine
Tube, Inc.; (iii) the Registration Statement (Form S-8 No. 33-87687) pertaining
to the Savings Plan of Wolverine Tube, Inc.; (iv) the Registration Statement
(Form S-8 No. 333-67958) pertaining to the 1993 Equity Incentive Plan of
Wolverine Tube, Inc.; (v) the Registration Statement (Form S-8 No. 333-67968)
pertaining to the 1993 Stock Option Plan for Outside Directors of Wolverine
Tube, Inc.; and (vi) the Registration Statement (Form S-8 No. 333-67972)
pertaining to the 2001 Stock Option Plan for Outside Directors of Wolverine
Tube, Inc. of our report dated February 14, 2003 with respect to the
consolidated financial statements and schedule of Wolverine Tube, Inc., included
in the Annual Report (Form 10-K) for the year ended December 31, 2002.





                                                          /s/ Ernst & Young LLP




March 27, 2003

Birmingham, Alabama
<TABLE> <S> <C>



<ARTICLE> 5
<RESTATED>

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                      32,924,000
<SECURITIES>                                         0
<RECEIVABLES>                                5,750,000
<ALLOWANCES>                                   131,000
<INVENTORY>                                    606,000
<CURRENT-ASSETS>                            40,466,000
<PP&E>                                       5,896,000
<DEPRECIATION>                               3,050,000
<TOTAL-ASSETS>                              44,261,000
<CURRENT-LIABILITIES>                        6,174,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       125,000
<OTHER-SE>                                  50,116,000
<TOTAL-LIABILITY-AND-EQUITY>                44,261,000
<SALES>                                     27,930,000
<TOTAL-REVENUES>                            27,930,000
<CGS>                                       14,851,000
<TOTAL-COSTS>                               14,851,000
<OTHER-EXPENSES>                            13,690,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (611,000)
<INCOME-TAX>                                    21,000
<INCOME-CONTINUING>                          (632,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (632,000)
<EPS-PRIMARY>                                    (.08)
<EPS-DILUTED>                                    (.08)



</TABLE>
Document Headings

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                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
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                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Justice

###### Foreign Claims Settlement Commission

          - [F.C.S.C. Meeting and Hearing Notice No. 03-21]

The Foreign Claims Settlement Commission, pursuant to its regulations (45 CFR part 503.25) and the Government in the Sunshine Act (5 U.S.C. 552b), hereby gives notice in regard to the scheduling of open meetings as follows:

# TIME AND DATE: 

Tuesday, August 17, 2021, at 10:00 a.m.

# PLACE: 

This meeting will be held by teleconference. There will be no physical meeting place.

# STATUS: 

Open. Members of the public who wish to observe the meeting via teleconference should contact Patricia M. Hall, Foreign Claims Settlement Commission, Tele: (202) 616-6975, two business days in advance of the meeting. Individuals will be given call-in information upon notice of attendance to the Commission.

# MATTERS TO BE CONSIDERED: 

10:00 a.m.—Issuance of Proposed Decisions under the Guam World War II Loyalty Recognition Act, Title XVII, Public Law 114-328.

# CONTACT PERSON FOR MORE INFORMATION: 

Requests for information, advance notices of intention to observe an open meeting, and requests for teleconference dial-in information may be directed to: Patricia M. Hall, Foreign Claims Settlement Commission, 441 G St NW, Room 6234, Washington, DC 20579. Telephone: (202) 616-6975.

Jeremy R. LaFrancois,

Chief Administrative Counsel.

[FR Doc. 2021-16859 Filed 8-3-21; 4:15 pm]

BILLING CODE 4410-BA-P
#### CREEDON, Respondent, v. METROPOLITAN LIFE INS. CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

October 2, 1907.)

Action by Catherine Creedon against the Metropolitan Life" Insurance Company.,

No opinion. Order affirmed, with- $10 costs and disbursements, on the ground that the defendant was guilty of laches.
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[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Notices]
[Pages 44029-44030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17102]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Neurological Disorders and Stroke; Notice 
of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material,

[[Page 44030]]

and personal information concerning individuals associated with the 
grant applications, the disclosure of which would constitute a clearly 
unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Neurological Disorders 
and Stroke Special Emphasis Panel Clinical Trials & Biomarker 
Studies in Stroke.
    Date: August 18, 2021.
    Time: 11:00 a.m. to 4:30 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, Neuroscience Center, 6001 
Executive Boulevard, Rockville, MD 20852, (Virtual Meeting).
    Contact Person: Shanta Rajaram, Ph.D., Scientific Review 
Officer, Scientific Review Branch, Division of Extramural 
Activities, NINDS/NIH, NSC, 6001 Executive Blvd., Suite 3208, MSC 
9529, Rockville, MD 20852, (301) 435-6033, <a href="/cdn-cgi/l/email-protection#5f2d3e353e2d3e322c1f323e36337131363771383029"><span class="__cf_email__" data-cfemail="6b190a010a190a06182b060a020745050203450c041d">[email protected]</span></a>.
    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.853, 
Clinical Research Related to Neurological Disorders; 93.854, 
Biological Basis Research in the Neurosciences, National Institutes 
of Health, HHS)

    Dated: August 5, 2021.
Tyeshia M. Roberson-Curtis,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2021-17102 Filed 8-10-21; 8:45 am]
BILLING CODE 4140-01-P


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**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 **

|   | (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 the                Company. |

|   | /S/                James A.                Meer                   |
|--------|-------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   | James                A. Meer                                                                                                                                |
|   | Chief                Financial Officer                                                                                                                      |
|   | March                25, 2008                                                                                                                               |

----
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