alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee v. Sterling LEWIS, also known as Bam Bam, also known as Bam, Defendant-Appellant.

No. 08-30854

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

May 7, 2010.

*400Sean Matthew Toomey, U.S. District Court, Eastern District of Louisiana, New Orleans, LA, for Plaintiff-Appellee.

Gary V. Schwabe, Jr., Assistant, Federal Public Defender, Federal Public Defender’s Office, Eastern District of Louisiana, New Orleans, LA, for Defendant-Appellant.

Before GARWOOD, DENNIS and ELROD, Circuit Judges.

PER CURIAM: *

Sterling Lewis, federal prisoner #28129-034, appeals the district court’s July 23 (and 29), 2008 denial of his 18 U.S.C. § 3582(e)(2) motion to reduce his sentence for conspiracy to possess with intent to distribute 50 grams or more of cocaine base, at least 500 grams but less than 5 kilograms of cocaine hydrochloride, and at least 50 kilograms but less than 100 kilograms of marijuana. Lewis’s § 3582(c)(2) motion was based on Amendment 706 of the Sentencing Guidelines. In denying the motion, the district court reasoned that Lewis had received two prior substantial sentence reductions, pursuant to motions under U.S.S.G. § 5K1.1 and Fed.R.Crim.P. 35; his sentence was already 57 months less than the bottom of his recalculated guidelines range; and no further reduction in his sentence was warranted. Lewis argues that the district court’s denial of his motion constituted an abuse of discretion.

Lewis’s appeal is not barred by the waiver in his plea agreement. *See United States v. Cooley,*590 F.3d 293, 296-97 (5th Cir.2009) (holding that an identical waiver did not bar an appeal). A district court’s decision whether to reduce a sentence pursuant to § 3582(c)(2) is reviewed for abuse of discretion. *United States v. Evans,*587 F.3d 667, 672 (5th Cir.2009), *petition for cert. filed,*(Jan. 28, 2010) (No. 09-8939). The district court was permitted but not required to grant a reduction in Lewis’s sentence. *See*§ 1B1.10(b)(2)(B); *Cooley,*590 F.3d at 297. The record reflects that the district court was aware of its authority to grant a reduction to Lewis’s sentence, was presented with Lewis’s arguments in favor of a reduction, and had before it documents allowing for consideration of the factors relevant to the decision whether to grant a reduction. We discern no abuse of discretion by the district court. *401
      *See Cooley,*590 F.3d at 297-98; *Evans,*587 F.3d at 672-73; *United States v. Whitebird,*55 F.3d 1007, 1010 (5th Cir.1995).

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.
#### NATIVE VILLAGE OF POINT HOPE; et al., Plaintiffs-Appellants, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Defendant-Appellee, Teck Alaska Incorporated and Nana Regional Corporation, Intervenor-Defendants-Appellees.

No. 12-35976.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Aug. 13, 2013.

Filed Aug. 29, 2013.

Brook Marie Brisson, Victoria Clark, Esquire, Katherine Grace Strong, Trustees for AK, Anchorage, AK, for Plaintiffs-Appellants.

David J. Kaplan, Esquire, DOJ-U.S. Department of Justice, WA, DC, for Defendant-Appellee.

*749Eric B. Fjelstad, James Leik, Perkins Coie LLP, Anchorage, AK, Jeffrey Wayne Leppo, Ryan P. Steen, Stoel Rives, LLP, Seattle, WA, for Intervenor-Defendants-Appellees.

Before: KOZINSKI, Chief Judge, and BERZON and IKUTA, Circuit Judges.

MEMORANDUM *

Native Village of Point Hope, Alaska Community Action on Toxics, and Northern Alaska Environmental Center appeal the district court’s grant of summary judgment in favor of the EPA.

Native Village of Point Hope has standing to challenge the EPA’s action on behalf of one of its members, Franklin Sage. *See Friends of the Earth, Inc. v. Laidlaw Envtl. Servs.,*528 U.S. 167, 181, 120 S.Ct. 693, 145 L.Ed.2d 610 (2000). Sage’s affidavit established a credible threat of injury that is traceable to the EPA’s action because it alleged that his family fishes for Arctic grayling in the Wulik River, that Sage trades for such fish, and that he is concerned that pollution in Red Dog Creek threatens the Arctic grayling population. *See Ocean Advocates v. U.S. Army Corps of Eng’rs,*402 F.3d 846, 859 (9th Cir.2005).

We reject Point Hope’s argument that the EPA was arbitrary and capricious in approving the site-specific water quality criterion for total dissolved solids (TDS) in Red Dog Creek during Arctic grayling spawning season without first obtaining additional data on the long term and delayed impacts to Arctic grayling from exposure to TDS at fertilization. The EPA’s reasonable conclusion (after consideration of the Stekoll study) that it was unnecessary to require follow-up research regarding such long-term effects of exposure, was well within its “wide latitude in determining the extent of data-gathering necessary to solve a problem.” *Envtl. Def. Ctr., Inc. v. E.P.A.,*344 F.3d 832, 870 (9th Cir.2003) (quoting *Sierra Club v. E.P.A.,*167 F.3d 658, 662 (D.C.Cir.1999)).

AFFIRMED.

*

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
# C_2010031EN.01001301.xml

| 9.2.2010 | EN | Official Journal of the European Union | C 31/13 |
| --- | --- | --- | --- |

9.2.2010

EN

Official Journal of the European Union

C 31/13

---

Commission notice concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 April to 30 June 2010 under certain quotas opened by the Community for pigmeat products

2010/C 31/07

Commission Regulation (EC) No 442/2009 (1) opened tariff quotas for imports of pigmeat products. The applications for import licences lodged during the first seven days of December 2009 for the subperiod 1 January to 31 March 2010 do not, for quotas 09.4038, 09.4170 and 09.4204, cover the quantities available. Pursuant to the second sentence of Article 7(4) of Commission Regulation (EC) No 1301/2006 (2), the quantities that were not applied for are to be added to the quantity fixed for the following quota subperiod, from 1 April to 30 June 2010; they are set out in the Annex to this notice.

1

2

---

(1)  OJ L 129, 28.5.2009, p. 13.

1

(2)  OJ L 238, 1.9.2006, p. 13.

2

---

ANNEX

| Quota order number | Quantities not applied for, to be added to the quantity fixed for the subperiod 1 April to 30 June 2010
  (in kg) |
| --- | --- |
| 09.4038 | 12 234 780 |
| 09.4170 | 3 331 500 |
| 09.4204 | 3 268 000 |

Quota order number

Quantities not applied for, to be added to the quantity fixed for the subperiod 1 April to 30 June 2010

(in kg)

09.4038

12 234 780

09.4170

3 331 500

09.4204

3 268 000

---
# C_2010119EN.01000401.xml

| 7.5.2010 | EN | Official Journal of the European Union | C 119/4 |
| --- | --- | --- | --- |

7.5.2010

EN

Official Journal of the European Union

C 119/4

---

Explanatory Notes to the Combined Nomenclature of the European Communities

2010/C 119/02

Pursuant to Article 9(1)(a), second indent, of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), the Explanatory Notes to the Combined Nomenclature of the European Communities (2) are amended as follows:

1

2

Page 140

Page 140

Between the Explanatory Notes to subheadings 2933 21 00 and 2933 52 00 the following text is inserted:

2933 21 00

2933 52 00

‘2933 49 10:   Halogen derivatives of quinoline; quinolinecarboxylic acid derivatives

See also the HS Explanatory Notes to heading 2933, first paragraph, (D).

For the purpose of this subheading the term “halogen derivatives of quinoline” covers only such derivatives of quinoline in which one or more hydrogen atom(s) of the aromatic ring system have been substituted with the corresponding number of halogen atoms.

The term “quinolinecarboxylic acid derivatives” includes derivatives of quinolinecarboxylic acid in which one or more hydrogen atom(s) of the aromatic ring system and/or the acid function has/have been substituted.’

---

(1)  OJ L 256, 7.9.1987, p. 1.

1

(2)  OJ C 133, 30.5.2008, p. 1.

2

---
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Small Business Administration

          - [Declaration of Disaster #3337, Amdt. #1]

In accordance with a notice received from the Federal Emergency Management Agency, dated May 14, 2001, the above-numbered Declaration is hereby amended to include Calhoun County in the State of Iowa as a disaster area caused by flooding and severe storms beginning on April 8, 2001 and continuing. 

In addition, applications for economic injury loans from small businesses located in Buena Vista, Carroll, Greene, Pocahontas, Sac and Webster Counties in the State of Iowa may be filed until the specified date at the previously designated location. 

All other information remains the same, i.e., the deadline for filing applications for physical damage is July 1, 2001 and for economic injury the deadline is February 1, 2002. 

(Catalog of Federal Domestic Assistance Program Nos. 59002 and 59008) 

Dated: May 15, 2001.

James E. Rivera,

Acting Associate Administrator for Disaster Assistance.

[FR Doc. 01-13189 Filed 5-24-01; 8:45 am] 

BILLING CODE 8025-01-P
EXHIBIT 32.1




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 Stellar Pharmaceuticals Inc. (the “Company”) on Form 10-K/A for the year ended December 31, 2009as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Peter Riehl, Chief Executive Officer, certify to my knowledge and in my capacity as an officer of the Company, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 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, 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 as of the dates and for the periods expressed in the Report.




Date: January 12, 2011


/s/ Peter RiehlPeter RiehlPresident and Chief Executive Officer
[Federal Register Volume 66, Number 106 (Friday, June 1, 2001)]
[Notices]
[Page 29814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13744]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES


Notice of Meeting of the Advisory Committee on Minority Health

AGENCY: Office of the Secretary, Office of Public Health and Science, 
Office of Minority Health, HHS.

ACTION: Notice is given of the second meeting.

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

    The Advisory Committee on Minority Health will meet on Thursday, 
June 21, 2001 from 9:00 am to 5:00 pm, and Friday, June 22, 2001, from 
8:30 am-12 Noon. The meeting will be held at the Hilton Washington and 
Towers Hotel, The State Room, 1919 Connecticut Avenue, NW., Washington, 
DC.
    The Advisory Committee will discuss racial and ethnic disparities 
in health, as well as, other related issues.
    The meeting is open to the public. There will be an opportunity for 
public comment which will be limited to five minutes per speaker. 
Individuals who would like to submit written statements should mail or 
fax their comments to the Office of Minority Health at least two 
business days prior to the meeting.
    For further information, please contact Ms. Patricia Norris, Office 
of Minority Health, Rockwall II Building, 5515 Security Lane, Suite 
1000, Rockville, Maryland 20852. Phone: 301-443-5084 Fax: 301-594-0767.

    Dated: May 25, 2001.
Nathan Stinson, Jr.,
Deputy Assistant Secretary for Minority Health.
[FR Doc. 01-13744 Filed 5-31-01; 8:45 am]
BILLING CODE 4150-29-M
##### 



Exhibit 23.1 CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM GameStop Corp.
Grapevine, Texas We hereby consent to the incorporation by reference in the Registration Statement on Form S-8 No.
333-82652 of GameStop Corp. of our reports dated March 30, 2005, relating to the consolidated
financial statements and the effectiveness of GameStop Corp.s internal control over financial
reporting, which appear in the Annual Report to Shareholders, which is incorporated by reference in
this Annual Report on Form 10-K. We also consent to the incorporation by reference of our report
dated March 30, 2005 relating to the financial statement schedule which appears in this Form 10-K. /s/ BDO SEIDMAN, LLPBDO SEIDMAN, LLP
 Dallas, Texas
April 8, 2005
United States Court of Appeals

For the Seventh Circuit

Chicago, Illinois 60604

September 27, 2010

Before

DIANE S. SYKES, Circuit Judge

Nos. 08‐2512 & 08‐2443

UNITED STATES OF AMERICA,

Plaintiff‐Appellant/

        Cross‐Appellee,

v.

BERNARD ELLIS,

Defendant‐Appellee/

         Cross‐Appellant.

No. 08‐4055

UNITED STATES OF AMERICA,

      Plaintiff‐Appellee,

v.

BERNARD ELLIS,

            Defendant‐Appellant.

Appeal from the

United States District Court for the

Northern District of Illinois,

Eastern Division.

No. 05 CR 756

Wayne R. Andersen,

Judge.

Appeal from the

United States District Court for the

Northern District of Indiana,

South Bend Division.

No. 3:05 CR 131

Robert L. Miller, Jr.

Judge.

O R D E R

Upon consideration of DEFENDANT‐APPELLANT’S MOTION TO AMEND

OPINION filed by counsel on September 22, 2010,
Nos. 08‐2512, 08‐2443 & 08‐4055 Page 2

IT IS ORDERED that the motion is GRANTED.  The slip opinion issued on

September 17, 2010, is amended in two ways.  First, the last two sentences of the first

paragraph of the opinion are replaced with the following two sentences: “Ellis appealed his

conviction and sentence in the Indiana case, and the government appealed the district

court’s sentencing decision in the Illinois case.  Ellis then cross‐appealed in the Illinois case

challenging the reasonableness of the sentence.”  Second, the caption for the Illinois appeals

is amended to reflect that the United States is the Plaintiff‐Appellant/Cross‐Appellee and

Bernard Ellis is the Defendant‐Appellee/Cross‐Appellant.
EXHIBIT 99.1

THE BANK OF NEW YORK MELLON

Officers Certificate

---

March 9, 2010

MERRILL LYNCH DEPOSITOR, INC. North
Tower, 7th Floor 4 World Financial Center New York, New York 10080

PREFERREDPLUS, PPLUS
TRUST AND INDEXPLUS CERTIFICATE

The undersigned, Maryann Joseph,
Vice President of The Bank of New York Mellon (formerly The Bank of New York),  a New York corporation (the Trustee),
hereby certifies in such capacity that, based on her  knowledge, the Trustee has complied,
in all material respects, with all conditions and covenants applicable to the Trustee
under the Standard Terms for Trust Agreements dated February 20, 1998 between Merrill
Lynch Depositor, Inc. as depositor (the Depositor) and the Trustee, as
successor to United States Trust Company of New York, as trustee and securities
intermediary (the Securities Intermediary), in each case as amended by a
series supplement between the Depositor, the Trustee and the Securities Intermediary for
each trust series listed in the attached schedule.

| | Very
truly yours,
| | -----------------

| | The Bank of New York Mellon (formerly

      The Bank of New York), as Trustee
| | ------------------------------------------------------------------------------

| | By:
/s/ Maryann Joseph
      Name:
Maryann Joseph        
                                                             Title:
Vice President
| | --------------------------------------------------------------------------------------------------------------------------------------------

| |  | 
| |  | 

---

SCHEDULE

INDEXPLUS Trust Series 2003-1
   PPLUS
Trust Series CMT-1 
  PPLUS Trust Series CSF-1
   PPLUS Trust Series
DCNA-1 
  PPLUS Trust Series FMC-1 
  PPLUS Trust Series GSC-1 
  PPLUS Trust Series GSC-2
   PPLUS Trust Series GSG-1 
  PPLUS Trust Series GSG-2 
  PPLUS Trust Series
JPM-1 
  PPLUS Trust Series LMG-3 
  PPLUS Trust Series SPR-1 
  PPLUS
Trust Series TWC-1 
  PPLUS Trust Series VAL-1 
  PreferredPLUS Trust Series ALL-1
PreferredPLUS Trust Series CCR-1
   PreferredPLUS Trust Series CTR-1
PreferredPLUS Trust Series CZN-1
   PreferredPLUS Trust Series ELP-1 
  PreferredPLUS Trust
Series FAR-1
   PreferredPLUS Trust Series FRD-1 
  PreferredPLUS Trust Series GEC-1
PreferredPLUS Trust Series LMG-1
   PreferredPLUS Trust
Series LMG-2 
  PreferredPLUS Trust Series QWS-1 
  PreferredPLUS Trust Series QWS-2 
  PreferredPLUS Trust
Series UPC-1
   PreferredPLUS Trust Series VER-1

| |  | 
| |  | 

---
Exhibit 99.1



Certification



Pursuant to 18 U.S.C. ss. 1350, the undersigned officer of
Nexstar Finance Holdings, L.L.C. and Nexstar Finance Holdings, Inc. (together, the Company), hereby certifies that the Companys Annual Report on Form 10-K/A for the year ended December 31, 2001 (the Report) fully
complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of
operations of the Company.



|                     
|---------------------
|Dated: March 28, 2003
|                     
|                     



The
foregoing certification is being furnished solely pursuant to 18 U.S.C. ss. 1350 and is not being filed as part of the Report or as a separate disclosure document.
EXHIBIT 32

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 of Monarch Investment Properties, Inc. (the
Company) on Form 10-Q for the period ended September 30, 2009 as filed with
the Securities and Exchange Commission on the date hereof (the Report), the
undersigned, David Miller, President and Principal Executive Officer, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, to our knowledge, 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.

|                                           | 
|------------------------------------------ | 
|/s/ Philip
 Bloom                          | 
|                                           | 
|Principal
 Financial Officer and           | 
|Principal
 Accounting Officer              | 
|October 16,
 2009                          | 
|                                           | 
|/s/ David
 Miller                          | 
|                                           | 
|President
 and Principal Executive Officer | 
|October 16,
 2009                          | 

A signed
original of this written statement required by Section 906 of the Sarbanes-Oxley
Act of 2002 has been provided to the Company and will be retained by the
Company and furnished to the Securities and Exchange Commission or its staff
upon request.

The foregoing certification is
being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of
2002 (Section 1350 of Chapter 63 of Title 18 of the United States Code) and is
not being filed as part of the Report or as a separate disclosure document.

---
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-1805

TAMMY R. SABO,

Plaintiff - Appellant,

versus

STEVE CANTERBURY, Individually and in his

capacity as Director, West Virginia Regional

Jail and Correctional Facility Authority;

JAMIE SPENCER, Individually and in his

capacity as Warden; NORTHERN REGIONAL JAIL AND

CORRECTIONAL FACILITY; WEST VIRGINIA REGIONAL

JAIL AND CORRECTIONAL FACILITY AUTHORITY,

Defendants - Appellees.

Appeal from the United States District Court for the Northern

District of West Virginia, at Wheeling. Frederick P. Stamp, Jr.,

District Judge. (CA-03-84)

Submitted: March 24, 2006 Decided: March 30, 2006

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Peter M. Suwak, Washington, Pennsylvania, for Appellant. David L.

Wyant, BAILEY & WYANT, P.L.L.C., Wheeling, West Virginia; Chad M.

Cardinal, WV REGIONAL JAIL & CORRECTIONAL FACILITY AUTHORITY,

Charleston, West Virginia, for Appellees.
2

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
3

PER CURIAM:

Tammy R. Sabo appeals the district court’s order granting

summary judgment to the defendants on her claim of deliberate

indifference to her medical needs under 42 U.S.C. § 1983 and on her

state law claims. We have reviewed the record and find no

reversible error. Accordingly, we affirm substantially on the

reasoning of the district court. See Sabo v. Canterbury, No.

5:03CV84 (N.D. W. Va. June 16, 2005). 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
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 13**  **- 2136** 

ALICE L. ROSEBORO , Plaintiff

- Appellant ,
v. COMPORIUM COMMUNICATIONS, Rock Hill Telephone Co; MARY GRAVELEY; TIFFANY THOMPSON; LOUIS RIDINGER; FRANK MARSHALL; GLEN MCFADDEN; JEFF BUSHARDT , Defendants

- Appellees
.

Appeal from the United States District Court for the District of South Carolina , at Rock Hill
. Margaret B. Seymour, Senior District Judge. ( 0:10

- cv - 03267

- MBS )

Submitted : January 23, 2014 Decided: January 27, 2014

Before WILKINSON and DIAZ , Circuit Judges , and HAMILTON, Senior Circuit Judge
.
Affirmed by un published per curiam opinion
.
Alice L. Roseboro , Appellant Pro Se. Beverly A. Carroll , HAMILTON MARTENS BALLOU & CARROLL, LLC , Rock Hill, South Carolina, for Appellees
. Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Alice L. Roseboro appeals the district court’s order adopting the magistrate judge’s recommendation and denying relief in her employme nt discrimination action. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Roseboro v. Comporium Commc ’n s , No. 0:10

- cv - 03267

- MBS (D.S.C. Aug. 29, 2013)
. Roseboro’s motion to amend is granted. We grant 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