alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-50231 

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

LARRY RICHARD WILKS, JR.,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. P-01-CR-357-2 

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

February 18, 2003

Before JOLLY, HIGGINBOTHAM, and DAVIS, Circuit Judges.

PER CURIAM:*

Larry Richard Wilks, Jr. (“Wilks”) appeals the sentencing

following his guilty plea conviction for possession with the

intent to distribute methamphetamine. Wilks argues that the

district court erred in not reducing his base offense level by

five levels after determining that he was entitled to a safety

valve adjustment and a U.S.S.G. § 5K1.1 downward departure. This

court reviews the district court’s application of the Sentencing

Guidelines is de novo. United States v. Charles, 301 F.3d 309,
No. 02-50231

-2-

312-13 (5th Cir. 2002) (en banc). If the oral sentence is

ambiguous, this court will look to the written judgment to

determine the intent of the district court. Schurmann v. United

States, 658 F.2d 389, 390-91 (5th Cir. 1981). 

The record indicates that the district court determined that

Wilks’ total offense level was 22 after granting the Government’s

motion for a downward departure, and that Wilks was sentenced

within the guideline range. Consequently, the district court did

not err in sentencing Wilks.

AFFIRMED.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1173 Introduced in House (IH)]

106th CONGRESS
  1st Session
                                H. R. 1173

To provide that States may use redistricting systems for Congressional 
             districts other than single-member districts.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 1999

Mr. Watt of North Carolina (for himself, Mrs. Clayton, Mr. Clyburn, Mr. 
  Sanders, Mr. Cummings, Mrs. Jones of Ohio, Mr. Scott, Mr. Frank of 
  Massachusetts, Ms. Lee, Mr. Thompson of Mississippi, Mr.  Brown of 
    California, Mr. Hastings of Florida, and Mr. Davis of Illinois) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL

 
To provide that States may use redistricting systems for Congressional 
             districts other than single-member districts.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``States' Choice of Voting Systems 
Act''.

SEC. 2. RIGHT OF STATES TO CHOOSE DISTRICTING SYSTEMS.

    The Act entitled ``An Act for the relief of Doctor Ricardo Vallejo 
Samala and to provide for congressional redistricting'', approved 
December 14, 1967 (2 U.S.C. 2c), is amended by striking ``In each 
State'' and all that follows and inserting the following:

``SEC. 2. CONGRESSIONAL REDISTRICTING.

    ``In each State entitled in the One Hundred Eighth Congress or in 
any Congress thereafter to more than one Representative in Congress 
under an apportionment made pursuant to the provisions of section 22(a) 
of the Act of June 18, 1929 (ch. 28; 46 Stat. 26)--
            ``(1) there may be established by law a number of districts 
        equal to the number of Representatives to which such State is 
        so entitled and Representatives may be elected only from 
        single-member districts so established, or
            ``(2) such State may establish a number of districts for 
        election of Representatives that is less than the number of 
        Representatives to which the State is entitled and 
        Representatives may be elected from single-member districts, 
        multi-member districts, or a combination of single-member and 
        multi-member districts, if that State uses a system that meets 
        the constitutional standard that each voter should have equal 
        voting power and does not violate the Voting Rights Act of 1965 
        (42 U.S.C. 1973 et seq.).''.
                                 <all>
```
Finn BATATO, et al., petitioners, v. UNITED STATES.

No. 16-1206.

Supreme Court of the United States

Oct. 2, 2017.

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.
Avinesh KUMAR, Individually and as Guardian of the Estate and Next Friend of C.K., a Minor, et al., petitioners, v. REPUBLIC OF SUDAN.

No. 17-1269.

Supreme Court of the United States

April 1, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Justice KAGAN took no part in the consideration or decision of this petition.
Kent MAYFIELD, et ux., petitioners, v. HARVEY COUNTY SHERIFF'S DEPARTMENT, et al.

No. 18-7163.

Supreme Court of the United States

Feb. 19, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.
Exhibit 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       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 Wigwam Development Inc. (the "Company")
on amended Form 10-KSB for the period ending June 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Steven
Grauer, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
ss.1350, as adopted pursuant to ss.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; and

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

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
17th day of October 2003.

/s/ Steven Grauer
------------------------
Chief Executive Officer
James DELLINGER, petitioner, v. TENNESSEE.

No. 18-7332.

Supreme Court of the United States

March 18, 2019.

Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Eastern Division denied.
Briand WILLIAMS, petitioner, v. CALIFORNIA.

No. 18-7545.

Supreme Court of the United States

March 4, 2019.

Motion of petitioner for leave to proceed *in forma pauperis* denied, and petition for writ of certiorari dismissed. See Rule 39.8.
PETRÓLEO BRASILEIRO S.A., petitioner, v. EIG ENERGY FUND XIV, L.P. et al.

No. 18-716.

Supreme Court of the United States

March 18, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.
Joel RIVERA, petitioner, v. UNITED STATES.

No. 18-7303.

Supreme Court of the United States

Feb. 19, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.
Release: #4166-98    (CV-98-1755-S)

For Release: July 13,    1998

**CFTC FILES COMPLAINT IN ALABAMA    AND OBTAINS AN ASSET FREEZE AGAINST SEVEN DEFENDANTS ACCUSED OF COMMODITY    FRAUD**

**CFTC Names John La Tourette,    Dr. Richard E. Busch, James Michael Hanks, William E. Amos, Financial    Planning Alliance International, WorldEx, S.A., & ChateauForte    Consortium, Inc.**

WASHINGTON � The Commodity    Futures Trading Commission (CFTC) announced the filing of a five-count    complaint on July 7, 1998, in the U.S. District Court for the Northern    District of Alabama seeking emergency relief against seven defendants    charged with running a fraudulent commodity pool scheme in violation of the    anti-fraud, registration, and recordkeeping provisions of the Commodity    Exchange Act (CEA) and CFTC regulations.

The defendants named in CFTC    complaint are: **ChateauForte Consortium, Inc.** (a Panamanian firm    doing business in the United States) and its three directors, **John La    Tourette** (a resident of Panama), **William E. Amos** (of Annapolis,    Maryland), and **Dr. Richard E. Busch** (of Fort Wayne, Indiana); **WorldEx, S.A.** (a Panamanian firm owned by Dr. Busch doing business in    the United States); and **Financial Planning Alliance International**    (of Birmingham, Alabama) and its owner, **James Michael Hanks** (of    Birmingham, Alabama).

On July 7, 1998, the Honorable    Judge Edwin Nelson entered a statutory restraining order freezing the    assets of defendants, prohibiting them from destroying any of their books    and records, and requiring them to make their books and records available    for inspection and copying. Judge Nelson set a preliminary injunction    hearing for August 6, 1998.

The CFTC's complaint alleges that    the defendants defrauded at least eight investors in Alabama and elsewhere    who had invested more than $3.4 million over the past two years in a    purported off-shore commodity pool called the **Millennium Fund**. The    complaint charges that the defendants violated the CEA by, among other    things:

� misappropriating funds      received from investors;

� commingling commodity      pool funds with non-pool funds in accounts under their      control;

� misrepresenting their      ability to operate a commodity pool in the U.S.;

� misrepresenting the      potential for profit and risk of loss associated with participating in a      commodity pool;

� failing to register as a      commodity pool operator and associated persons of a commodity pool      operator; and

� failing to provide      required reports to investors and the CFTC.

The complaint asks the court to    enjoin each defendant from further violations of the CEA and CFTC    regulations, and seeks disgorgement of all benefits received, restitution    to the defrauded investors, and civil monetary penalties.

The CFTC appreciates the    assistance and cooperation of the State of Alabama Securities Commission in    connection with bringing this action.
Bertulio MORENO-ALVAREZ, petitioner, v. UNITED STATES.

No. 18-7669.

Supreme Court of the United States

March 4, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
# Official Journal L 344/8 De

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 344 |
| | |
| English edition | Legislation | Volume 498 December 2006 |

ISSN 1725-2555

Official Journal

of the European Union

L 344

English edition

Legislation

Volume 498 December 2006

---

| Contents | | II   Acts whose publication is not obligatory | page |
| --- | --- | --- | --- |
| | | Commission |
| | * | Commission Decision of 28 July 2006 concerning the technical specification of interoperability relating to the subsystem ‘rolling stock — freight wagons’ of the trans-European conventional rail system
  (notified under document number C(2006) 3345)


   (1) | 1 |

Contents

II   Acts whose publication is not obligatory

page

Commission

*

Commission Decision of 28 July 2006 concerning the technical specification of interoperability relating to the subsystem ‘rolling stock — freight wagons’ of the trans-European conventional rail system
  (notified under document number C(2006) 3345)


   (1)

(notified under document number C(2006) 3345)

1

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

---

(1)   Text with EEA relevance

| 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.
Court of Appeals of the State of Georgia Clerk's Office, Atlanta, December 01, 2015. I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk. 

# Court of Appeals of the State of Georgia
ATLANTA, December 01, 2015 The Court of Appeals hereby passes the following order A16I0067. MADISON EARLEY v. DUSTIN SHAW et al.. Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be hereby DENIED.
LC NUMBERS: SU15DR241
LaBarrion HARRIS, petitioner, v. James DEAL, Warden.

No. 18-7660.

Supreme Court of the United States

March 4, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
Olandio Ray WORKMAN, petitioner, v. John VANDERMOSTEN, et al.

No. 18-7281.

Supreme Court of the United States

March 18, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.
EXHIBIT 11

Micron Electronics, Inc.
Computation of Per Share Earnings
(Amounts in thousands, except per share amounts)

<TABLE>
<CAPTION>
Fiscal quarter ended                   November 27, 1997    November 28, 1996
-----------------------------------------------------------------------------
<S>                                             <C>                  <C>

PRIMARY
Weighted average shares outstanding               95,552               92,464
Net effect of dilutive stock options                 419                  538
                                                --------             --------
Number of shares used in per share calculation    95,971               93,002
                                                ========             ========

Net income                                      $  1,065             $ 24,812
                                                ========             ========

Per share earnings                              $   0.01              $  0.27
                                                ========             ========


FULLY DILUTED
Weighted average shares outstanding               95,552               92,464
Net effect of dilutive stock options                 419                  595
                                                --------             --------
Number of shares used in per share calculation    95,971               93,059
                                                ========             ========

Net income                                      $  1,065             $ 24,812
                                                ========             ========

Per share earnings                              $   0.01              $  0.27
                                                ========             ========

</TABLE>
Cesar GOMEZ, petitioner, v. TEXAS.

No. 18-7719.

Supreme Court of the United States

April 1, 2019.

Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1291 Introduced in House (IH)]

106th CONGRESS
  1st Session
                                H. R. 1291

   To prohibit the imposition of access charges on Internet service 
                   providers, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 25, 1999

   Mr. Upton (for himself, Mr. Tauzin, Mr. Oxley, Mr. Whitfield, Mr. 
 Bilbray, Mr. Armey, Mr. Ewing, Mr. Pombo, Mr. Gutierrez, Mr. Rahall, 
  Mr. Gilman, Mr. Dickey, Mr. Weller, Mr. Mica, Mr. Blagojevich, Mr. 
Sensenbrenner, Mr. Regula, Mr. Wolf, Mr. Goode, Mr. McInnis, Mr. Shows, 
Mr. Green of Wisconsin, Mr. Canady of Florida, Mr. Foley, Mr. LoBiondo, 
Mr. Gilchrest, Mr. Kuykendall, Mr. Sherman, Mr. Clyburn, Mrs. Emerson, 
  Mr. Tancredo, Mr. Deal of Georgia, Mr. Shimkus, Mr. Bilirakis, Mr. 
Stearns, Mrs. Cubin, Mr. Brown of Ohio, Mr. Strickland, Mr. Blunt, Mr. 
 Nethercutt, Mr. Lazio, Mr. Peterson of Pennsylvania, Mr. LaHood, Mr. 
Kolbe, Mr. Sam Johnson, of Texas, Mr. Baker, Mrs. Roukema, Mr. Packard, 
 Mr.  Linder, Mr. Gibbons, Mr. Duncan, Mr. Norwood, Mr. Chambliss, Mr. 
Ose, Mr. Camp, Mr. Goodlatte, Mrs. Kelly, Mr. McHugh, Mr. Mascara, Mr. 
 Kleczka, Mr. Lipinski, Mr. Gillmor, Mr. Ramstad, Mr. Barcia, and Mr. 
 Scarborough) introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL

 
   To prohibit the imposition of access charges on Internet service 
                   providers, 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. SHORT TITLE.

    This Act may be cited as the ``Internet Access Charge Prohibition 
Act of 1999''.

SEC. 2. PURPOSE.

    It is the purpose of this Act to ensure that Internet information 
services will continue to be deployed as rapidly and efficiently to as 
many Americans as possible by preventing the Federal Communications 
Commission from applying interstate access charges to providers of 
Internet services.

SEC. 3. PROHIBITION OF ACCESS CHARGES ON INTERNET SERVICE PROVIDERS.

    Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is 
amended by adding at the end the following new subsection:
    ``(l) Prohibition of Access Charges on Internet Service 
Providers.--Notwithstanding subsection (b)(4) or (d) or any other 
provision of this section, the Commission shall not impose on any 
interactive computer service (as such term is defined in section 
230(e)) or other information service provider any access charge for the 
support of universal service that is based on a measure of the time 
that telecommunications services are used in the provision of such 
interactive computer service or information service.''.
                                 <all>
```
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 of NB&T Financial Group, Inc. (the Company), on Form 10-Q
for the period ended March 31, 2006, dated the date of this Certification (the Report), I, Craig F. Fortin, the Senior Vice President and Chief Financial Officer of the Company, certify, 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 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.



|                   |  |  |  |                                                  
|------------------ |  |  |  | -------------------------------------------------
|Date: May 11, 2006 |  |  |  | /s/ Craig F. Fortin                              
|                   |  |  |  | Craig F. Fortin                                  
|                   |  |  |  | Senior Vice President and Chief Financial Officer



31
Richard Steven JOHNSON, Jr., petitioner, v. Neil McDOWELL, Warden.

No. 18-7271.

Supreme Court of the United States

March 18, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
CONSULTING  AGREEMENT


     CONSULTING  AGREEMENT  dated  as  of  March  31,  2000  between  ADVANTAGE
TECHNOLOGIES,  INC.,  a  Nevada  corporation,  ("ADVV"), on the one hand, and M.
RICHARD  CUTLER  ("Cutler"), BRIAN A. LEBRECHT ("Lebrecht"), VI BUI ("Bui"), and
ASHER  STARIK  ("Starik",  and,  together  with  Cutler,  Lebrecht, and Bui, the
"Consultants"),  on  the  other  hand.


                                    WHEREAS:

     A.     Consultants have agreed to render consulting services with regard to
the negotiation and completion of a stock exchange between ADVV and the majority
shareholder  of  Go  Fathom  Group, Inc., a Delaware corporation (the "Go Fathom
Shareholder").

     B.     In the event ADVV is able to complete the Stock Exchange with the Go
Fathom  Shareholder,  ADVV wishes to compensate Consultants for their consulting
services.


     NOW  THEREFORE,  it  is  agreed:

     1.     Stock  Compensation.  ADVV  shall  pay and cause to be issued to the
            -------------------
Consultants  a  consulting fee of $100,000 cash, plus 1,540,000 shares of common
stock  of ADVV (the "Shares") immediately upon the execution of a stock exchange
agreement  with  the  Go  Fathom  Shareholder.  Such  shares shall be subject to
registration  by  ADVV  on  Form  S-8 within 5 days of ADVV closing on the stock
exchange  agreement  with  the  Go Fathom Shareholder.  The Consultants agree to
prepare  and  file  the S-8 Registration Statement at their sole expense, except
for the filing fee associated therewith, which shall be reimbursed by ADVV.  The
parties  agree  that  the value of the Shares is equal to 50% of the closing bid
price  on  the  date  of this Agreement.  The Shares shall be issued as follows:
500,500  to  Cutler, 154,000 to Lebrecht, 115,500 to Bui, and 770,000 to Starik.

     2.     Miscellaneous.  This  Agreement (i) shall be governed by the laws of
            -------------
the  State  of  California;  (ii)  may be executed in counterparts each of which
shall  constitute  an  original;  (iii)  shall  be  binding upon the successors,
representatives, agents, officers and directors of the parties; and (iv) may not
be  modified  or  changed  except  in  a  writing  signed  by  all  parties.


<PAGE>

     This  Consulting  Agreement  has  been  executed as of the date first above
written.


ADVANTAGE  TECHNOLOGIES,  INC.

/s/  George J. Bentley
____________________________________________________
By:     George  J.  Bentley,  President



CONSULTANTS

/s/  M. Richard Cutler
____________________________________________________
M.  Richard  Cutler


/s/  Brian A. Lebrecht
____________________________________________________
Brian  A.  Lebrecht


/s/  Vi Bui
____________________________________________________
Vi  Bui


/s/  Asher Starik
____________________________________________________
Asher  Starik
Celia D. CHEE-WAH, petitioner, v. Henry MAURER, et al.

No. 17-48.

Supreme Court of the United States

Dec. 11, 2017.

Petition for rehearing denied.