alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2009275EN.01001701.xml

| 14.11.2009 | EN | Official Journal of the European Union | C 275/17 |
| --- | --- | --- | --- |

14.11.2009

EN

Official Journal of the European Union

C 275/17

---

Euro exchange rates (1)

1

13 November 2009

2009/C 275/07

1 euro =

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,4868 |
| JPY | Japanese yen | 133,51 |
| DKK | Danish krone | 7,4407 |
| GBP | Pound sterling | 0,89125 |
| SEK | Swedish krona | 10,2375 |
| CHF | Swiss franc | 1,5098 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,3645 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,535 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 268,80 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7085 |
| PLN | Polish zloty | 4,1110 |
| RON | Romanian leu | 4,3008 |
| TRY | Turkish lira | 2,2030 |
| AUD | Australian dollar | 1,6019 |
| CAD | Canadian dollar | 1,5655 |
| HKD | Hong Kong dollar | 11,5227 |
| NZD | New Zealand dollar | 2,0172 |
| SGD | Singapore dollar | 2,0615 |
| KRW | South Korean won | 1 721,20 |
| ZAR | South African rand | 11,0692 |
| CNY | Chinese yuan renminbi | 10,1493 |
| HRK | Croatian kuna | 7,3025 |
| IDR | Indonesian rupiah | 13 935,33 |
| MYR | Malaysian ringgit | 5,0187 |
| PHP | Philippine peso | 69,389 |
| RUB | Russian rouble | 42,9278 |
| THB | Thai baht | 49,484 |
| BRL | Brazilian real | 2,5876 |
| MXN | Mexican peso | 19,5859 |
| INR | Indian rupee | 68,7700 |

Currency

Exchange rate

USD

US dollar

1,4868

JPY

Japanese yen

133,51

DKK

Danish krone

7,4407

GBP

Pound sterling

0,89125

SEK

Swedish krona

10,2375

CHF

Swiss franc

1,5098

ISK

Iceland króna

NOK

Norwegian krone

8,3645

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,535

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

268,80

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7085

PLN

Polish zloty

4,1110

RON

Romanian leu

4,3008

TRY

Turkish lira

2,2030

AUD

Australian dollar

1,6019

CAD

Canadian dollar

1,5655

HKD

Hong Kong dollar

11,5227

NZD

New Zealand dollar

2,0172

SGD

Singapore dollar

2,0615

KRW

South Korean won

1 721,20

ZAR

South African rand

11,0692

CNY

Chinese yuan renminbi

10,1493

HRK

Croatian kuna

7,3025

IDR

Indonesian rupiah

13 935,33

MYR

Malaysian ringgit

5,0187

PHP

Philippine peso

69,389

RUB

Russian rouble

42,9278

THB

Thai baht

49,484

BRL

Brazilian real

2,5876

MXN

Mexican peso

19,5859

INR

Indian rupee

68,7700

---

(1)  Source: reference exchange rate published by the ECB.

1

Source

---
#### STATE v. McGEE

No. 110 PC.

Case below: 28 N.C. App. 729.

Petition for discretionary review under G.S. 7A-31 denied 3 May 1976.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM CONSOLIDATED
BALANCE SHEETS AND CONSOLIDATED INCOME STATEMENTS AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   YEAR                   YEAR
<FISCAL-YEAR-END>                          AUG-03-1997             AUG-02-1998
<PERIOD-START>                             AUG-05-1996             AUG-04-1997
<PERIOD-END>                               AUG-03-1997             AUG-02-1998
<CASH>                                           6,769                   3,301
<SECURITIES>                                         0                       0
<RECEIVABLES>                                   20,628                  32,915
<ALLOWANCES>                                     1,873                   1,258
<INVENTORY>                                        952                   1,263
<CURRENT-ASSETS>                                29,695                  41,845
<PP&E>                                         124,561                 170,840
<DEPRECIATION>                                  30,889                  46,610
<TOTAL-ASSETS>                                 132,237                 216,344
<CURRENT-LIABILITIES>                           27,866                  24,560
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       2
<COMMON>                                            96                      99
<OTHER-SE>                                      49,642                  67,012
<TOTAL-LIABILITY-AND-EQUITY>                   132,237                 216,344
<SALES>                                         84,527                 129,168
<TOTAL-REVENUES>                                84,527                 129,168
<CGS>                                           53,184                  81,144
<TOTAL-COSTS>                                   53,184                  81,144
<OTHER-EXPENSES>                                26,074                  36,695
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                               3,887                   8,139
<INCOME-PRETAX>                                  1,382                   3,190
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                              1,382                   3,190
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                 (2,449)
<CHANGES>                                            0                       0
<NET-INCOME>                                     1,382                     741
<EPS-PRIMARY>                                     0.17                       0
<EPS-DILUTED>                                     0.16                    0.07
        

</TABLE>
Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A22D0019. BRENTREZ JARMYKUS MCPHERSON v. THE STATE.

In 2013, Brentrez Jarmykus McPherson pleaded guilty to multiple offenses,

including attempted rape. In 2021, he filed a motion for out-of-time appeal, which the

trial court denied. McPherson then filed this timely application for discretionary

appeal. The trial court’s order, however, appears to be directly appealable. 

The denial of a motion for out-of-time appeal is directly appealable when the

conviction at issue has not been the subject of a direct appeal. See English v. State,

307 Ga. App. 544, 545 n.4 (705 SE2d 667) (2010), overruled in part on other grounds

by Collier v. State, 307 Ga. 363, 378 (834 SE2d 769) (2019); Lunsford v. State, 237

Ga. App. 696, 696 (515 SE2d 198) (1999). We will grant a timely filed application

for discretionary appeal if the lower court’s order is subject to direct appeal. See

OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED, and

McPherson shall have ten days from the date of this order to file a notice of appeal

in the trial court. If he has already filed a timely notice of appeal in the trial court, he

need not file a second notice. The clerk of the trial court is directed to include a copy

of this order in the appeal record transmitted to this Court. 

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

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.

August 19, 2021

08/19/2021
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

CAESAR WHITE, JR.,

Plaintiff,

vs. Case No.: 3:09cv574/LAC/EMT

SUSAN NELMS, et al.,

Defendants.

__________________________________/

REPORT AND RECOMMENDATION

This action brought pursuant to 42 U.S.C. § 1983 and Title VII of the Civil Rights Act of

1964, 42 U.S.C. §§ 2000e et seq., is before the court upon referral from the clerk. Plaintiff is a nonprisoner who proceeds pro se. On February 4, 2011, this court entered an order giving Plaintiff

thirty (30) days in which to file an amended complaint (Doc. 24). Plaintiff failed to respond to the

order; therefore, on March 14, 2011, the court issued an order requiring Plaintiff to show cause,

within twenty-one (21) days, why this action should not be dismissed for failure to comply with an

order of the court (Doc. 26). The time for compliance with the show cause order has now elapsed,

and Plaintiff has not responded.

Accordingly, it is respectfully RECOMMENDED:

That this case be DISMISSED without prejudice for Plaintiff’s failure to comply with an

order of the court.

At Pensacola, Florida, this 6th day of April 2011.

/s/ Elizabeth M. Timothy 

ELIZABETH M. TIMOTHY

UNITED STATES MAGISTRATE JUDGE
Page 2 of 2

NOTICE TO THE PARTIES

Any objections to these proposed findings and recommendations must be filed within

fourteen (14) days after being served a copy thereof. Any different deadline that may appear

on the electronic docket is for the court’s internal use only. A copy of objections shall be

served upon all other parties. Failure to object may limit the scope of appellate review of

factual findings. See 28 U.S.C. § 636; United States v. Roberts, 858 F.2d 698, 701 (11th Cir.

1988).

Case No: 3:09cv574/LAC/EMT
Exhibit 32.1

CERTIFICATION OF PRINCIPAL EXECUTIVE, ACCOUNTING ANDFINANCIAL 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 Quarterly Report of Grant Hartford Corporation (the "Company") on Form 10-Qfor the period ended September 30, 2010, as filed with the Securities and Exchange Commission on the date hereof(the "Report"), we, Eric Sauve, President/Chief Executive Officer/Chief Financial Officer of the Company, andDavid Gilmer, Secretary/Treasurer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 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 materialrespects, the financial condition and result of operations of the Company.

Dated: November 12, 2010

/s/Eric Sauve
# C_2009136EN.01000201.xml

| 16.6.2009 | EN | Official Journal of the European Union | C 136/2 |
| --- | --- | --- | --- |

16.6.2009

EN

Official Journal of the European Union

C 136/2

---

Euro exchange rates (1)

1

15 June 2009

2009/C 136/02

1 euro =

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3850 |
| JPY | Japanese yen | 136,08 |
| DKK | Danish krone | 7,4465 |
| GBP | Pound sterling | 0,84720 |
| SEK | Swedish krona | 10,8345 |
| CHF | Swiss franc | 1,5110 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,9055 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 26,839 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 280,40 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7035 |
| PLN | Polish zloty | 4,5260 |
| RON | Romanian leu | 4,2200 |
| TRY | Turkish lira | 2,1438 |
| AUD | Australian dollar | 1,7285 |
| CAD | Canadian dollar | 1,5690 |
| HKD | Hong Kong dollar | 10,7344 |
| NZD | New Zealand dollar | 2,1953 |
| SGD | Singapore dollar | 2,0190 |
| KRW | South Korean won | 1 742,10 |
| ZAR | South African rand | 11,1603 |
| CNY | Chinese yuan renminbi | 9,4684 |
| HRK | Croatian kuna | 7,2350 |
| IDR | Indonesian rupiah | 14 090,25 |
| MYR | Malaysian ringgit | 4,8871 |
| PHP | Philippine peso | 67,054 |
| RUB | Russian rouble | 43,2745 |
| THB | Thai baht | 47,353 |
| BRL | Brazilian real | 2,6851 |
| MXN | Mexican peso | 18,6982 |
| INR | Indian rupee | 66,0850 |

Currency

Exchange rate

USD

US dollar

1,3850

JPY

Japanese yen

136,08

DKK

Danish krone

7,4465

GBP

Pound sterling

0,84720

SEK

Swedish krona

10,8345

CHF

Swiss franc

1,5110

ISK

Iceland króna

NOK

Norwegian krone

8,9055

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

26,839

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

280,40

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7035

PLN

Polish zloty

4,5260

RON

Romanian leu

4,2200

TRY

Turkish lira

2,1438

AUD

Australian dollar

1,7285

CAD

Canadian dollar

1,5690

HKD

Hong Kong dollar

10,7344

NZD

New Zealand dollar

2,1953

SGD

Singapore dollar

2,0190

KRW

South Korean won

1 742,10

ZAR

South African rand

11,1603

CNY

Chinese yuan renminbi

9,4684

HRK

Croatian kuna

7,2350

IDR

Indonesian rupiah

14 090,25

MYR

Malaysian ringgit

4,8871

PHP

Philippine peso

67,054

RUB

Russian rouble

43,2745

THB

Thai baht

47,353

BRL

Brazilian real

2,6851

MXN

Mexican peso

18,6982

INR

Indian rupee

66,0850

---

(1)  Source: reference exchange rate published by the ECB.

1

Source

---
# C_2009085EN.01002701.xml

| 9.4.2009 | EN | Official Journal of the European Union | C 85/27 |
| --- | --- | --- | --- |

9.4.2009

EN

Official Journal of the European Union

C 85/27

---

Call for proposals under the 2008 work programme for grants and contracts in the fields of transport and energy

(Commission Decision C(2008) 2014)

2009/C 85/05

The European Commission, Directorate-General for Energy and Transport, is hereby launching a call for proposals in order to award grant(s) for a preparatory action in view to defining specific strategies tailored to European islands potential, to implement the EU Energy Policy, as far as sustainable energy is concerned.

The maximum amount available under this call for proposals, is 3 000 000 €.

3 000 000 €

The call is closing on 29 May 2009.

29 May 2009

The complete text of the Call for proposals is available on:

http://ec.europa.eu/energy/grants/index_en.htm

---
# C_2010019EN.01000901.xml

| 26.1.2010 | EN | Official Journal of the European Union | C 19/9 |
| --- | --- | --- | --- |

26.1.2010

EN

Official Journal of the European Union

C 19/9

---

DECISION

2010/C 19/03

THE SECRETARY-GENERAL OF THE EUROPEAN PARLIAMENT,

Having regard to the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities as established by Council Regulation (EEC, Euratom, ECSC) No 259/68 and last amended by Council Regulation (EC, Euratom) No 723/2004, and in particular Article 30 of those Staff Regulations,

Having regard to the Bureau decision on the determination of appointing authorities, last amended on 26 October 2004,

Having regard to open competitions:

| | PE/94/A, PE/95/A, PE/96/A, PE/97/A, PE/98/A, PE/99/A, PE/66/S, PE/67/S, PE/72/S, PE/80/S, PE/91/S, A/94, A/95, A/96-P, EUR/A/167, EUR/A/169, |
| --- | --- |

PE/94/A, PE/95/A, PE/96/A, PE/97/A, PE/98/A, PE/99/A, PE/66/S, PE/67/S, PE/72/S, PE/80/S, PE/91/S, A/94, A/95, A/96-P, EUR/A/167, EUR/A/169,

| | EUR/LA/156, EUR/LA/157, |
| --- | --- |

EUR/LA/156, EUR/LA/157,

| | PE/34/B, PE/69/S, B/174-P, B/175-P, B/176-P, B/177-P, |
| --- | --- |

PE/34/B, PE/69/S, B/174-P, B/175-P, B/176-P, B/177-P,

| | PE/133/C, PE/134/C, C/348, AST/1/2005, AST/1/2006, |
| --- | --- |

PE/133/C, PE/134/C, C/348, AST/1/2005, AST/1/2006,

Having regard to the opinion delivered by the Joint Committee at its meeting of 26 November 2009,

DECIDES:

Article 1

The period of validity of the reserve lists for open competitions:

| | PE/96/A, PE/97/A, PE/98/A, PE/99/A, PE/66/S, PE/72/S, PE/80/S, A/94, A/95, A/96-P, |
| --- | --- |

PE/96/A, PE/97/A, PE/98/A, PE/99/A, PE/66/S, PE/72/S, PE/80/S, A/94, A/95, A/96-P,

| | EUR/A/167, EUR/A/169, |
| --- | --- |

EUR/A/167, EUR/A/169,

| | B/174-P, B/175-P, B/176-P, B/177-P, |
| --- | --- |

B/174-P, B/175-P, B/176-P, B/177-P,

| | C/348, AST/1/2005, AST/1/2006, |
| --- | --- |

C/348, AST/1/2005, AST/1/2006,

| | PE/94/A, PE/95/A, PE/67/S, PE/91/S, |
| --- | --- |

PE/94/A, PE/95/A, PE/67/S, PE/91/S,

| | EUR/LA/156, EUR/LA/157, |
| --- | --- |

EUR/LA/156, EUR/LA/157,

| | PE/34/B, PE/69/S, |
| --- | --- |

PE/34/B, PE/69/S,

| | PE/133/C, PE/134/C |
| --- | --- |

PE/133/C, PE/134/C

is extended until 31 December 2010.

Done at Luxembourg, 22 December 2009.

Klaus WELLE

---
Exhibit 99.2



Statement of Chief Financial Officer

Pursuant to Section 1350 of Title 18 of the United States Code



Pursuant to Section 1350 of Title 18 of the United States Code, the undersigned, James D. Brown, the
Treasurer and Chief Financial Officer of Nutri/System, Inc. (the Company), hereby certifies that:



| | 1) |  | The Companys Form 10-K Annual Report for the period ended December 31, 2002 (the Report) fully complies with the requirements of Section 13(a) 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.
| | -- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------



|Dated: March 17, 2003 |  | /s/    JAMES D. BROWN                
|--------------------- |  | -------------------------------------
|                      |  | Treasurer and Chief Financial Officer
# CA2009292EN.01000501.xml

| 2.12.2009 | EN | Official Journal of the European Union | CA 292/5 |
| --- | --- | --- | --- |

2.12.2009

EN

Official Journal of the European Union

CA 292/5

---

RESERVE LISTS
   (1)

RESERVE LISTS

1

OPEN COMPETITIONS

OPEN COMPETITIONS

EPSO/AST/65-66-67/08

EPSO/AST/65-66-67/08

LANGUAGE EDITORS (AST 3) HAVING LATVIAN, SLOVAK AND SLOVENIAN AS THEIR MAIN LANGUAGE

LANGUAGE EDITORS (AST 3) HAVING LATVIAN, SLOVAK AND SLOVENIAN AS THEIR MAIN LANGUAGE

(2009/C 292 A/02)

EPSO/AST/65/08 — LANGUAGE EDITORS (AST 3) WITH LATVIAN AS THEIR MAIN LANGUAGE

| BLAUA | Ilvija |
| --- | --- |
| BOGDANOVA | Aiva |
| PAVULA | Aija |
| UDRE | Antra |
| ULOZIENE | Evija |

BLAUA

Ilvija

BOGDANOVA

Aiva

PAVULA

Aija

UDRE

Antra

ULOZIENE

Evija

EPSO/AST/66/08 — LANGUAGE EDITORS (AST 3) WITH SLOVAK AS THEIR MAIN LANGUAGE

| KARELL | Doris |
| --- | --- |
| PELCAKOVA | Dagmar |
| PUKANEC | Martin |

KARELL

Doris

PELCAKOVA

Dagmar

PUKANEC

Martin

EPSO/AST/67/08 — LANGUAGE EDITORS (AST 3) WITH SLOVENIAN AS THEIR MAIN LANGUAGE

| KURALT | Stane |
| --- | --- |
| RESNIK | Teja |

KURALT

Stane

RESNIK

Teja

The reserve lists will be valid until 31 December 2010 and may be extended.

31 December 2010

---

(1)  A successful candidate may explicitly request her/his name not be published.

1

---
EXHIBIT 31.1
 Certification of Chief Executive Officer Pursuant to
Section 302 of the Sarbanes-Oxley Act of 2002
  1.
    
    I have reviewed this quarterly report on Form 10-Q of Moody National REIT I, Inc.;2.
    
    Based on my knowledge, this report does not contain any untrue
statement of a material fact or omit to state a material fact
necessary to make the statements made, in light of the circumstances
under which such statements were made, not misleading with respect to
the period covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material
respects the financial condition, results of operations and cash flows
of the registrant as of, and for, the periods presented in this
report;4.
    
    The registrants other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as
defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the
registrant and have:
     5.
    
    The registrants other certifying officer and I have disclosed, based
on our most recent evaluation of internal control over financial
reporting, to the registrants auditors and the audit committee of the
registrants board of directors (or persons performing the equivalent
functions):
    /s/ Brett C. MoodyBrett C. MoodyChairman of the Board, Chief Executive Officer and President
(Principal Executive Officer)
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

UNITED STATES OF AMERICA

vs. 3:10cr6/MCR

FRANK R. SKIVINGTON

 /

ACCEPTANCE OF PLEA OF GUILTY

Pursuant to the Report and Recommendation of the United States Magistrate

Judge, to which there has been no timely objections, and subject to this Court’s

consideration of the plea agreement pursuant to Fed.R.Crim.P. 11(e)(2), the plea of

guilty of the defendant, FRANK R. SKIVINGTON, to the two count indictment against

him is hereby ACCEPTED. All parties shall appear before this Court for sentencing

as directed.

DONE AND ORDERED this 22nd day of March, 2010.

 s/M. Casey Rodgers 

M. CASEY RODGERS

UNITED STATES DISTRICT JUDGE
* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED
October 15, 2003

Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-30206 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DERRICK D. MORRIS,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Louisiana USDC No. 02-CR-50068-ALL

--------------------
Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges.

PER CURIAM: *

Derrick D. Morris appeals his sentence following a guilty-plea

conviction for possession of a firearm by a convicted felon in

violation of 18 U.S.C. § 922(g)(1). Morris argues that the

district court erred in departing upward on the basis of death

pursuant to U.S.S.G. § 5K2.1.

The provision relied upon by Morris applies when a defendant

used or possessed a firearm “in connection with the commission orNo. 03-30206 -2-

attempted commission of another offense.” U.S.S.G. §

2K2.1(c)(1)(B). Morris has not argued that he used or possessed

the assault rifle in relation to an un derlying offense, thereby

triggering the clause. S ee id.
, comment. (n.14). Section 2K2.1

does not take into account the factor of a resultant death if the

f irearm-possession offense was not related to an under lying

offense. S ee § 5K2.0 . Furthermore, the guideline specifically

provides that the district court may depart upward on the basis of

death. § 2K2.1, comment. (n.16); s ee also § 5K2.1, p.s.

Regardless whether this court applies a de-novo or an abuse-ofdiscretion standard of review, we affirmthe sentence imposed by

the district court because it did not err in departing upward on

the basis of death. See 18 U.S.C. § 3742(e)(4); United States v.

Semsak
, No. 02-30153, 2003 WL 21730615, at *1 (9th Cir. Jul. 28,

2003); United States v. Camejo
, 333 F.3d 669, 675 (6th Cir. 2003);

United States v. Tarantola
, 332 F.3d 498, 500 (8th Cir. 2003); but

see United States v. Jones , 332 F.3d 1294, 1299-1300 (10th Cir.

2003) (applying de novo standard of review to an appeal pending as
of April 30, 2003).

AFFIRMED.