alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-30827

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

STEPHEN A COLLINS,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 3:06-CR-30003-1

Before SMITH, PRADO, and HAYNES, Circuit Judges.

PER CURIAM:

*

Stephen A. Collins, federal prisoner # 135055-035, appeals the district

court’s ruling that he was ineligible for a reduction in sentence pursuant to 18

U.S.C. § 3582(c)(2) based on the amendments to the crack cocaine Guideline.

Although Collins argues that he was eligible for such a reduction, when a

defendant such as Collins is “subject to a statutory minimum sentence above the

upper end of his guideline range, even if the district court departs downwardly

from that minimum under a statutory exception, 18 U.S.C. § 3582(c)(2) provides

United States Court of Appeals

Fifth Circuit

F I L E D

April 20, 2010

Lyle W. Cayce

Clerk

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.

Case: 08-30827 Document: 00511085456 Page: 1 Date Filed: 04/20/2010
No. 08-30827

no authority to the district court to later modify the sentence based on

amendments to the guideline range.” United States v. Carter, 595 F.3d 575, 581

(5th Cir. 2010).

AFFIRMED.

2

Case: 08-30827 Document: 00511085456 Page: 2 Date Filed: 04/20/2010
### Filed 1/15/19 by Clerk of Supreme Court IN THE SUPREME COURT STATE OF NORTH DAKOTA

2019 ND 2 Samantha DeLong, Plaintiff and Appellant
v. Darrell Selfree Shields, Jr., Defendant and State of North Dakota, Statutory Real Party in Interest

No. 20180198 Appeal from the District Court of Morton County, South Central Judicial District, the Honorable Bruce B. Haskell, Judge. AFFIRMED. Per Curiam. Rachel E. Thomason , Bismarck, ND, for plaintiff and appellant; submitted on brief. Darrell Selfree Shields, Jr., defendant; no appearance. State of North Dakota, statutory real party in interest; no app earance.DeLong v. Shields No. 20180198
Per Curiam. [¶1] Samantha DeLong appeals from a district court order and judgment awarding Darrell Selfree Shields unsupervised parenting time of D.J.S., a minor child. DeLong argues the district court erred in applying the best interest f actors and in awarding Shields unsupervised parenting time. A district court’s decisi on on primary residential responsibility and parenting time are reviewed unde r the clearly erroneous standard. Rebenitsch v. Rebenitsch , 2018 ND 48, ¶ 4 , 907 N.W.2d 41. The court’s findings on the best interest factors and its award of unsuperv ised parenting time to Shields were not clearly erroneous. Follman v. Follman , 2017 ND 58, 891 N.W.2d 778. The judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2)
. [¶2] Gerald W. VandeWalle, C.J. Daniel J. Crothers Lisa Fair McEvers Jon J. Jensen Jerod E. Tufte

1
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

v.  No. 00-7183

CLEAMON ANDERSON, a/k/a Carmel,

Defendant-Appellant. 

Appeal from the United States District Court

for the Eastern District of Virginia, at Norfolk.

Rebecca B. Smith, District Judge.

(CR-94-163-2-11)

Submitted: February 22, 2001

Decided: March 2, 2001

Before WIDENER and WILLIAMS, Circuit Judges, and

HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion. 

COUNSEL

Cleamon Anderson, Appellant Pro Se. Laura P. Tayman, OFFICE OF

THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee. 

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c). 
OPINION

PER CURIAM: 

Cleamon Anderson pled guilty in 1995 to conspiracy with intent to

distribute and possession with intent to distribute crack cocaine, in

violation of 21 U.S.C. § 841 (1994). He was sentenced to 210 months

in prison. He did not file a direct appeal. In June 2000, he filed a

motion under 18 U.S.C.A. § 3582(c)(2) (West 2000), seeking a reduction in his sentence. Anderson alleged that he was sentenced based on

a sentencing range that was subsequently lowered and that his sentence violates Apprendi v. New Jersey, 530 U.S. 466 (2000). The district court denied relief, and Anderson timely appealed. 

On appeal, Anderson asserts only that his sentence violates

Apprendi. This claim is more appropriately construed as a motion

under 28 U.S.C.A. § 2255 (West Supp. 2000). This court has held that

Apprendi does not apply to a judge’s exercise of sentencing discretion

within a statutory range, so long as a defendant’s sentence is not set

beyond the maximum term specified in the substantive statute. United

States v. Kinter, 235 F.3d 192, 201-02 (4th Cir. 2000); United States

v. Lewis, 235 F.3d 215, 219 (4th Cir. 2000). Because Anderson’s sentence of 210 months does not exceed the statutory maximum set out

in 21 U.S.C. § 841(b)(l)(C) for core offenses without enhancement for

drug quantity, we find that his sentence is permissible under

Apprendi. United States v. Aguayo-Delgado, 220 F.3d 926, 933 (8th

Cir. 2000), cert. denied, 121 S. Ct. 600 (2000). Consequently, we

affirm. 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

2 UNITED STATES v. ANDERSON
Richard Allen LUMPKIN, Petitioner, v. UNITED STATES.

No. 19-7604.

Supreme Court of the United States.

March 23, 2020

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Sotomayor, with whom Justice Ginsburg joins, dissenting from the denial of certiorari: I dissent for the reasons set out in *Brown* v. *United States* , 586 U.S. ---- (2018) (Sotomayor, J., dissenting).
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

RAVENWHITE LICENSING LLC,

v.

THE HOME DEPOT, INC., et al

§

§

§

§

§

§

§

§

§

§

§

§

§

Case No. 2:23-cv-00423-JRG-RSP

(Lead Case)

RAVENWHITE LICENSING LLC,

v.

WALMART INC., et al

Case No. 2:23-cv-00418-JRG-RSP

(Member Case)

JURY TRIAL DEMANDED

UNOPPOSED MOTION TO EXTEND CERTAIN DEADLINES

Plaintiff RavenWhite Licensing LLC respectfully files this unopposed motion to extend 

certain deadlines by 14 days. Pursuant to the Court’s Order Setting the Scheduling Conference 

(Dkt. 14), Plaintiff’s Infringement Contentions are due on November 20, 2023. Plaintiff requests

that the due date for Plaintiff’s Infringement Contentions be extended by 14 days to December 4, 

2023. Plaintiff also requests that the due dates for Defendants’ Invalidity Contentions, Initial and 

Additional Disclosures, and compliance with subject-matter eligibility contentions be extended by 

14 days as well. These extensions will be reflected in the Parties’ Docket Control Order and 

Discovery Order due on December 18, 2023. Defendants The Home Depot, Inc., Home Depot 

USA, Inc., Walmart Inc. and Wal-Mart Texas Stores, LLC do not oppose this Motion.

WHEREFORE, Plaintiff respectfully request the Court grant this Unopposed Motion to 

Extend certain discovery deadlines by 14 days.

November 20, 2023 /s/ Robert F. Kramer

Robert F. Kramer

CA Bar No. 181706 (Admitted E.D. Texas)

Case 2:23-cv-00423-JRG-RSP Document 15 Filed 11/20/23 Page 1 of 2 PageID #: 129
-2-

rkramer@krameralberi.com

David Alberti 

CA Bar No. 220265 (Admitted E.D. Texas)

dalberti@krameralberti.com

Sal Lim 

CA Bar No. 211836 (Admitted E.D. Texas)

slim@krameralberi.com

Russell S. Tonkovich

CA Bar No. 233280 (Admitted E.D. Texas)

rtonkovich@krameralberi.com

Robert C. Mattson (pro hac vice)

VA Bar No. 43586

rmattson@krameralberti.com

KRAMER ALBERTI LIM 

& TONKOVICH & LLP

577 Airport Blvd., Ste 250

Burlingame, CA 94010

Telephone: 650 825-4300

Facsimile: 650 460-8443

THE DACUS FIRM, P.C.

Deron R. Dacus

ddacus@dacusfirm.com

821 ESE Loop 323, Suite 430

Tyler, TX. 75701

Telephone: (903) 705-7233

Facsimile: (903) 581-2543

Attorneys for Plaintiff 

RavenWhite Licensing, LLC

CERTIFICATE OF CONFERENCE

The undersigned hereby certifies that counsel has complied with the meet and confer 

requirement in Local Rule CV-7(h) and that counsel for Defendants do not oppose this motion. 

/s/ Robert F. Kramer

CERTIFICATE OF SERVICE

The undersigned certifies that a copy of the foregoing document was filed electronically 

in compliance with Local Rule CV-5(a). Therefore, this document was served on all counsel 

who are deemed to have consented to electronic service on November 20, 2023.

/s/ Robert F. Kramer

Case 2:23-cv-00423-JRG-RSP Document 15 Filed 11/20/23 Page 2 of 2 PageID #: 130
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AT SEPTEMBER 30, 1999 AND THE CONSOLIDATED STATEMENT
OF OPERATIONS FOR THE SIX MONTHS ENDED SEPTEMBER 30, 1999 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-2000
<PERIOD-START>                             APR-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                             129
<SECURITIES>                                         0
<RECEIVABLES>                                      448
<ALLOWANCES>                                         0
<INVENTORY>                                        635
<CURRENT-ASSETS>                                 1,315
<PP&E>                                             582
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                   1,897
<CURRENT-LIABILITIES>                           16,866
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        16,405
<OTHER-SE>                                    (33,973)
<TOTAL-LIABILITY-AND-EQUITY>                     1,897
<SALES>                                          2,208
<TOTAL-REVENUES>                                 2,208
<CGS>                                            1,434
<TOTAL-COSTS>                                    2,305
<OTHER-EXPENSES>                                   (9)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 908
<INCOME-PRETAX>                                  (996)
<INCOME-TAX>                                         1
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (997)
<EPS-BASIC>                                      (.19)
<EPS-DILUTED>                                    (.19)


</TABLE>
CERTIFICATE OF AMENDMENTOFRESTATED CERTIFICATE OF INCORPORATIONOF THE J. JILL GROUP, INC.

             The J. Jill Group, Inc., acorporation organized and existing under and by virtue of the GeneralCorporation Law of the State of Delaware, DOES HEREBY CERTIFY:

FIRST: That by vote of the Board of Directors of saidcorporation at a meeting duly called and held resolutions were duly adoptedproposing and declaring advisable that the Restated Certificate ofIncorporation of said corporation as previously amended be further amended andthat such amendment be submitted to the stockholders of the Corporation fortheir consideration, as follows:

RESOLVED:     That the Board of Directors of thisCorporation recommends and deems it advisable that the Restated Certificate ofIncorporation of the Corporation be amended by deleting the first sentence ofArticle FOURTH and replacing it with the following sentence:

“Thetotal number of shares of capital stock which the Corporation shall have theauthority to issue shall be 31,000,000, consisting of 30,000,000 shares ofCommon Stock, $.01 par value per share (“Common Stock”), and 1,000,000 sharesof Special Preferred Stock, $.01 par value per share (“Special PreferredStock”), amounting to an aggregate par value of $310,000.”

RESOLVED:    That the aforesaid proposed amendmentbe submitted to the stockholders of this Corporation for their consideration.

RESOLVED:    That following the approval by thestockholders of the aforesaid amendment as required by law, the officers ofthis Corporation be, and they hereby are, and each of them hereby is,authorized and directed (i) to prepare, execute and file with the Secretary ofState of the State of Delaware a Certificate of Amendment (the “Certificate ofAmendment”) setting forth the aforesaid amendment in the form approved by thestockholders and (ii) to take any and all other actions necessary, desirable orconvenient to give effect to the aforesaid amendment or otherwise to carry outthe purposes of the foregoing Resolutions.

SECOND:         That thereafter, a meeting of thestockholders of the Corporation was duly called and held, upon notice inaccordance with Section 222 of the General Corporation Law of the State ofDelaware, at which meeting the necessary number of shares as required bystatute and the Restated Certificate of Incorporation of the Corporation werevoted in favor of the amendment.

THIRD:             That the aforesaid amendments wereduly adopted in accordance with the applicable provisions of Section 242 of theGeneral Corporation Law of the State of Delaware.

             IN WITNESS WHEREOF, said The J.Jill Group, Inc. has caused this certificate to be signed by Gordon R. Cooke,its President, and attested by David R. Pierson, its Secretary, this 1st day ofJune, 2001.

| ATTEST: |   | THE J. JILL GROUP, INC. |
|---------|--------|-------------------------|
|    |   |                    |   |   |   |   |
| By:     | /s/    | David R. Pierson        |   | By: | /s/ | Gordon R. Cooke |
|    |        |                    |   |  |
|    |   | Its Secretary           |   |   |   | Its President |
Vincent Lynden YOUNG, petitioner, v. Debbie ASUNCION, Warden.

No. 18-7851.

Supreme Court of the United States

Aug. 5, 2019.

Petition for rehearing denied.
Exhibit 1 

 

Case 2:23-cv-00425-JRG-RSP Document 43-2 Filed 04/29/24 Page 1 of 2 PageID #: 691
From: Randall Garteiser

To: Machleidt, Dario; Mike Jones

Subject: Today"s deadlines in Valve cases

Date: Monday, April 15, 2024 11:00:09 AM

**CAUTION: External Email**

Hi Dario,

1. DCO, PO, Discovery Order.

Has your client had a chance to revise the DCOs for SPIS and QTI in view of our discussion? We would appreciate

your team circulating that, if so, to avoid filing something opposed.

And with the PO, we will try to accommodate the restrictions as long as we have 450 pages of source code in total

and 50 pages continuous.

2. 4-day extension requested on Quantum’s Opposition.

Separately, we’d appreciate a four-day extension on today’s deadline related to Quantum’s opposition to MTD.

With me being sick last week, we need additional time.

3. Times to meet and confer today.

Please feel free to call me at 415.568.0553 anytime today to facilitate getting these documents on file today. I have

a state court appeal deadline today, so if I end talking with Mike Jones, I may need to ask for his advise.

Case 2:23-cv-00425-JRG-RSP Document 43-2 Filed 04/29/24 Page 2 of 2 PageID #: 692
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 7
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<DEBT-HELD-FOR-SALE>                           404,302
<DEBT-CARRYING-VALUE>                                0
<DEBT-MARKET-VALUE>                                  0
<EQUITIES>                                       4,121
<MORTGAGE>                                           0
<REAL-ESTATE>                                        0
<TOTAL-INVEST>                                 549,040
<CASH>                                          28,723
<RECOVER-REINSURE>                              76,550
<DEFERRED-ACQUISITION>                          69,863
<TOTAL-ASSETS>                               1,109,562
<POLICY-LOSSES>                                426,594
<UNEARNED-PREMIUMS>                            209,284
<POLICY-OTHER>                                       0
<POLICY-HOLDER-FUNDS>                                0
<NOTES-PAYABLE>                                201,447
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           190
<OTHER-SE>                                     164,983
<TOTAL-LIABILITY-AND-EQUITY>                 1,109,562
<PREMIUMS>                                     101,183
<INVESTMENT-INCOME>                              7,896
<INVESTMENT-GAINS>                               7,870
<OTHER-INCOME>                                     214
<BENEFITS>                                      72,005
<UNDERWRITING-AMORTIZATION>                     17,131
<UNDERWRITING-OTHER>                            15,899
<INCOME-PRETAX>                                  8,298
<INCOME-TAX>                                     2,433
<INCOME-CONTINUING>                              4,503
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,503
<EPS-BASIC>                                        .24
<EPS-DILUTED>                                      .24
<RESERVE-OPEN>                                 504,911
<PROVISION-CURRENT>                                  0
<PROVISION-PRIOR>                                    0
<PAYMENTS-CURRENT>                                   0
<PAYMENTS-PRIOR>                                     0
<RESERVE-CLOSE>                                426,594
<CUMULATIVE-DEFICIENCY>                              0



</TABLE>
Donald M. BOSWELL, Petitioner, v. LOUISIANA, et al.

No. 18-9503

Supreme Court of the United States.

October 07, 2019

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
```
 
 
MSCI EAFE MINI INDEX - NYSE LIFFE                                    Code-244041
OPTION AND FUTURES COMBINED POSITIONS AS OF 07/30/13          |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  Long  | Short  |Spreads |  Long  | Short  |  Long  | Short  |  Long  | Short
--------------------------------------------------------------------------------
(MSCI EAFE INDEX X $50)                              OPEN INTEREST:       80,310
COMMITMENTS
  28,219    2,155    2,958   42,676   72,996   73,853   78,109    6,457    2,201

CHANGES FROM 07/23/13 (CHANGE IN OPEN INTEREST:        426)
    -619        5       51      744      253      176      309      250      117

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADER
    35.1      2.7      3.7     53.1     90.9     92.0     97.3      8.0      2.7

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:       79)
      16        4        1       36       37       52       42
 
 
MSCI EMERGING MKTS MINI INDEX - NYSE LIFFE                           Code-244042
OPTION AND FUTURES COMBINED POSITIONS AS OF 07/30/13          |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  Long  | Short  |Spreads |  Long  | Short  |  Long  | Short  |  Long  | Short
--------------------------------------------------------------------------------
(MSCI EAFE INDEX X $50)                              OPEN INTEREST:      221,702
COMMITMENTS
  69,382   42,731    1,638  137,039  171,453  208,059  215,822   13,643    5,880

CHANGES FROM 07/23/13 (CHANGE IN OPEN INTEREST:       -357)
   1,599      817     -309     -618    2,193      672    2,701   -1,029   -3,058

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADER
    31.3     19.3      0.7     61.8     77.3     93.8     97.3      6.2      2.7

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:      157)
      40       25       12       63       58      107       91
```

----

Updated August 2, 2013
Michael Carlton LOWE, petitioner, v. Tom ROY, Commissioner, Minnesota Department of Corrections.

No. 18-6652.

Supreme Court of the United States

Jan. 7, 2019.

Petition for writ of certiorari to the Court of Appeals of Minnesota denied.
```
 
 
WHEAT - KANSAS CITY BOARD OF TRADE                                   Code-001612
OPTION AND FUTURES COMBINED POSITIONS AS OF 12/10/13          |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  Long  | Short  |Spreads |  Long  | Short  |  Long  | Short  |  Long  | Short
--------------------------------------------------------------------------------
(CONTRACTS OF 5,000 BUSHELS)                         OPEN INTEREST:      154,117
COMMITMENTS
  53,804   34,268   23,102   61,847   68,745  138,753  126,115   15,363   28,001

CHANGES FROM 12/03/13 (CHANGE IN OPEN INTEREST:      1,478)
  -1,273    3,354    3,295     -386   -5,192    1,636    1,457     -158       20

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADER
    34.9     22.2     15.0     40.1     44.6     90.0     81.8     10.0     18.2

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:      189)
      54       51       51       54       55      137      136
```

----

Updated December 19, 2013
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7966

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus VERNELL BROWN RANDOLPH, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Jerome B. Friedman, District Judge. (4:04-cr-00024-JBF; 4:06-cv-00007-JBF) Submitted: March 22, 2007 Decided: March 29, 2007 Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Vernell Brown Randolph, Appellant Pro Se. Eric Matthew Hurt, OFFICE OF THE UNITED STATES ATTORNEY, Newport News, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit.- 2 - PER CURIAM: Vernell Brown Randolph seeks to appeal the district court’s order denying relief on her 28 U.S.C. § 2255 (2000) motion. The order is not appealable 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 any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El v. Cockrell , 537 U.S. 322, 336-38 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee , 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Randolph 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