alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 19-1420

___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Marcos Antonio Chavez Gonzalez

lllllllllllllllllllllDefendant - Appellant

 ____________

Appeal from United States District Court 

for the Southern District of Iowa - Des Moines

 ____________

 Submitted: September 5, 2019

Filed: September 9, 2019

[Unpublished]

____________

Before LOKEN, GRUENDER, and KOBES, Circuit Judges. 

____________

PER CURIAM.
Marcos Gonzalez appeals after he pleaded guilty to illegal reentry into the

United States and the district court1

 sentenced him to a prison term below the

calculated Guidelines range.

We conclude that the district court imposed a substantively reasonable sentence.

Gonzalez was sentenced below the calculated Guidelines range and there is no

indication that the court overlooked a relevant factor, gave significant weight to an

improper or irrelevant factor, or committed a clear error of judgment in weighing

appropriate factors. See United States v. Feemster, 572 F.3d 455, 461–62 (8th Cir.

2009) (en banc) (discussing substantive reasonableness); see also United States v.

McCauley, 715 F.3d 1119, 1127 (8th Cir. 2013) (where district court has varied below

Guidelines range, it is “nearly inconceivable” that court abused its discretion in not

varying downward still further). Having independently reviewed the record under

Penson v. Ohio, 488 U.S. 75 (1988), we find no non-frivolous issues for appeal. 

Accordingly, we affirm, and we grant counsel permission to withdraw.

______________________________

1

The Honorable Rebecca Goodgame Ebinger, United States District Judge for

the Southern District of Iowa.

-2-
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                     2682
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                  2682
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                    2682
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           100
<OTHER-SE>                                        2582
<TOTAL-LIABILITY-AND-EQUITY>                      2682
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         0
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 June 24, 2014

p0616

Order 

Clerk

June 24, 2014

148486 & (18)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 148486

COA: 318666

Calhoun CC: 2007-001511-FC

STEVEN GILLIARD,

Defendant-Appellant.

_________________________________________/

By order of April 28, 2014, the prosecuting attorney was directed to answer the 

application for leave to appeal the December 20, 2013 order of the Court of Appeals. On 

order of the Court, the answer having been received, the application for leave to appeal is 

again considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, 

we REMAND this case to the Calhoun Circuit Court for the appointment of substitute 

appellate counsel, in light of Halbert v Michigan, 545 US 605; 125 S Ct 2582; 162 L Ed 

2d 552 (2005). Based on our review of the record, the circuit court granted original 

appointed appellate counsel’s motion to withdraw, but failed to appoint substitute 

appellate counsel until after the then effective 12-month deadline to file a direct appeal 

had expired. See MCR 7.205(F). On remand, substitute appellate counsel, once 

appointed, may file an application for leave to appeal in the Court of Appeals, and/or any 

appropriate postconviction motions in the circuit court, within six months of the date of 

the circuit court’s order appointing counsel. Counsel may include among the issues 

raised, but is not required to include, the issue raised by the defendant in his motion for 

relief from judgment that was filed in 2009. 

We do not retain jurisdiction.
Exhibit 32.2

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADDED BY

SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report on Form 10-Q of Tower Bancorp, Inc. (the Company) for
the period ended March 31, 2009, as filed with the Securities and Exchange Commission (the Report), I, Mark S. Merrill, Executive Vice President and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350,
as adopted pursuant to §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 results of the operations of the Company as of and for the period covered by the Report.



|      |  |              |  |  |  |     |  |                                                                                   
|----- |  | ------------ |  |  |  | --- |  | ----------------------------------------------------------------------------------
|      |  |              |  | 
|Date: |  | May 11, 2009 |  |  |  | By: |  | /s/ Mark S. Merrill                                                               
|      |  |              |  |  |  |     |  | Mark S. Merrill                                                                   
|      |  |              |  |  |  |     |  | Executive Vice President and Chief Financial Officer (Principal Financial Officer)
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1697 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
                                S. 1697

     To authorize the Secretary of the Interior to refund certain 
  collections received pursuant to the Reclamation Reform Act of 1982.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 6, 1999

 Mr. Smith of Oregon (by request) introduced the following bill; which 
  was read twice and referred to the Committee on Energy and Natural 
                               Resources

_______________________________________________________________________

                                 A BILL

 
     To authorize the Secretary of the Interior to refund certain 
  collections received pursuant to the Reclamation Reform Act of 1982.

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

SECTION 1. SHORT TITLE.

    This title may be cited as the ``Reclamation Reform Refund Act of 
1999''.

SEC. 2. REFUND OF CERTAIN AMOUNTS RECEIVED UNDER RECLAMATION REFORM ACT 
              OF 1982.

    (a) Refund Required.--Subject to subsections (b) and (c) and the 
availability of appropriations, the Secretary of the Interior is 
authorized to refund fully amounts received by the United States as 
payments for charges assessed by the Secretary before January 1, 1994, 
for failure to file certain certification or reporting forms prior to 
the receipt of irrigation water, pursuant to sections 206 and 224(c) of 
the Reclamation Reform Act of 1982 (hereinafter referred to as the 
``Act'') (96 Stat. 1266, 1272; 43 U.S.C. 390ff, 390ww(c)). Any refund 
issued pursuant to this subsection shall include the amount of 
associated interest assessed by the Secretary and paid to the United 
States pursuant to section 224(I) of the Reclamation Reform Act (101 
Stat. 1330-268; 43 U.S.C. 390ww(I)).
    (b) Administrative Fee.--Except with respect to the 1987 water 
year, refunds made pursuant to subsection (a) shall be reduced by an 
administrative fee of $260 for each failure to file certification or 
reporting forms.
    (c) Limitation.--Nothing in this title shall be construed as 
authorizing any refund of amounts paid to the United States in the 
compromise or settlement of any charge, claim, appeal, or dispute under 
the Act.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $1,000,000.
                                 <all>
```
### IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE STATE OF TENN ESSEE v. CHARLE S T. SEBREE

Criminal Court for Montgomery County

No. 40539, 40000201

No. M2000-02810-CCA-R3-CD - Filed Marc h 26, 2002
ORDER
The appellant was convicted upon pleas of guilty of t h e o ff

en se s o f a ggr av at ed bu rg la ry, ag gravated

as sa ul t, an d t he ft of

pr op er ty v al ue d u nd er $5 00 . H e r ec ei ve d a se nt en ce of fi ve ye ar s for aggravated burglary

consecutive to a

sentence of five y

ears for aggravated assault. A sentence of el ev en mo nt hs an d t we nt y-n in e d ays was orde red ser ved conc urrently with the f ive year sen

tences. In this appeal, he maintains that his five-yea

r sentence should be reduced to three y ears because the trial judge failed to consider the testimony of his girlfriend in mitigation. His girlfriend testified that the appellant was a g ood person, good around the house, and good withher children. She also said that she intended to marry the appellant. The record reflects that at least six enhancement

factors were considered by the trial court as well as three mitigating fac tors. Even taking into acco

unt the g irlfrie

nd’s testimony , the ser

ious natur e of the e nhance ment factors, particularly

the appellant’s criminal history and his fa

ilure to a bide by the termsof past a

ttempts at le ni en cy, more than j us ti fy t he impositi on of a se ntence o f five y

ears on t he burg lary

and assa ult convictions. Ac co rd in gl y, the judgment and sentences of the trial court are affirmed pursuant to Rule 20, Rules of the Cou

rt of Criminal Appe als. Be cause A ppellant is indige nt, costs are taxed to the State.

____________________________________ JERRY L. SMITH, JUDGE

____________________________________ JOSEPH M. TIPTON, JUDGE

____________________________________ DAVID H. WELLES, JUDGE
<TABLE> <S> <C>


<ARTICLE>                     9
<CIK>                         0000741562
<NAME>                        First Liberty Bank Corp.

<S>                             <C>
<PERIOD-TYPE>                   3-mos
<FISCAL-YEAR-END>                              DEC-31-2000
<PERIOD-START>                                 JAN-01-2000
<PERIOD-END>                                   MAR-31-2000
<CASH>                                         12,241
<INT-BEARING-DEPOSITS>                            455
<FED-FUNDS-SOLD>                                    0
<TRADING-ASSETS>                                    0
<INVESTMENTS-HELD-FOR-SALE>                   175,888
<INVESTMENTS-CARRYING>                              0
<INVESTMENTS-MARKET>                                0
<LOANS>                                       423,466
<ALLOWANCE>                                     5,283
<TOTAL-ASSETS>                                637,310
<DEPOSITS>                                    497,978
<SHORT-TERM>                                   56,804
<LIABILITIES-OTHER>                             4,171
<LONG-TERM>                                    20,438
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                        2,009
<OTHER-SE>                                     55,910
<TOTAL-LIABILITIES-AND-EQUITY>                637,310
<INTEREST-LOAN>                                 8,167
<INTEREST-INVEST>                               2,786
<INTEREST-OTHER>                                    0
<INTEREST-TOTAL>                               10,953
<INTEREST-DEPOSIT>                              4,701
<INTEREST-EXPENSE>                              6,088
<INTEREST-INCOME-NET>                           4,685
<LOAN-LOSSES>                                     180
<SECURITIES-GAINS>                                 53
<EXPENSE-OTHER>                                 3,518
<INCOME-PRETAX>                                 1,748
<INCOME-PRE-EXTRAORDINARY>                      1,748
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                    1,367
<EPS-BASIC>                                     .21
<EPS-DILUTED>                                     .21
<YIELD-ACTUAL>                                   3.41
<LOANS-NON>                                     1,054
<LOANS-PAST>                                      200
<LOANS-TROUBLED>                                    0
<LOANS-PROBLEM>                                     0
<ALLOWANCE-OPEN>                                5,107
<CHARGE-OFFS>                                      61
<RECOVERIES>                                       57
<ALLOWANCE-CLOSE>                               5,283
<ALLOWANCE-DOMESTIC>                            2,708
<ALLOWANCE-FOREIGN>                                 0
<ALLOWANCE-UNALLOCATED>                         2,575



</TABLE>
<PAGE>

                                   Exhibit 11

                           MIDWESTONE FINANCIAL GROUP
                                AND SUBSIDIARIES
                 STATEMENT RE: COMPUTATION OF PER SHARE EARNINGS
<TABLE>
<CAPTION>



                                                      Three Months Ended             Six Months Ended
                                                           June 30,                      June 30,
                                                  --------------------------   --------------------------
                                                     2003            2002          2003          2002
                                                  ----------      ----------   -----------    -----------
<S>                                              <C>              <C>          <C>            <C>
Earnings per Share Information:
------------------------------

Weighted average number of shares
   outstanding during the year ...............     3,873,037       3,873,120     3,893,492      3,872,085

Weighted average number of shares
   outstanding during the year
   including all dilutive potential shares ...     3,966,383       3,963,563     3,989,193      3,950,719

Net earnings .................................    $1,386,434      $1,471,768    $2,725,562     $2,959,124

Earnings per share - basic ...................    $     0.36      $     0.38    $     0.70     $     0.76

Earnings per share - diluted .................    $     0.35      $     0.37    $     0.68     $     0.75

</TABLE>
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1693 Referral Instructions Senate (RIS)]

106th CONGRESS
  1st Session
                                S. 1693

  To protect the Social Security surplus by requiring a sequester to 
                         eliminate any deficit.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 5, 1999

   Mr. Grams introduced the following bill; which was read twice and 
   referred jointly pursuant to the order of August 4, 1977, to the 
 Committees on the Budget and Governmental Affairs, with instructions 
that if one Committee reports, the other Committee have thirty days to 
                        report or be discharged

_______________________________________________________________________

                                 A BILL

 
  To protect the Social Security surplus by requiring a sequester to 
                         eliminate any deficit.

    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 ``Social Security Surplus Protection 
Act of 1999''.

SEC. 2. SEQUESTER TO PROTECT THE SOCIAL SECURITY SURPLUS.

    Section 251 of the Balanced Budget and Emergency Deficit Control 
Act of 1985 (2 U.S.C. 901) is amended by adding at the end the 
following:
    ``(d) Social Security Surplus Protection Sequester.--
            ``(1) In general.--Within 15 calendar days after Congress 
        adjourns to end a session and on the same day as a 
        sequestration (if any) under subsection (a), section 252, and 
        section 253, there shall be a sequestration to eliminate any 
        on-budget deficit (excluding any surplus in the Social Security 
        Trust Funds).
            ``(2) Eliminating deficit.--The sequester required by this 
        subsection shall be applied in accordance with the procedures 
        set forth in subsection (a). The on-budget deficit shall not be 
        subject to adjustment for any purpose.''.
                                 <all>
```
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.                  

###### Department of Agriculture

###### Forest Service

# AGENCY:

National Forests in Mississippi, USDA Forest Service.

# ACTION:

Notice of Proposed New Recreation Fee Site.

# SUMMARY:

Rattlesnake Bay ATV Trail is located near Beaumont, MS. Currently, the site contains 31 miles of trail, an information board, toilet facility, parking, and primitive camping; visitor security is provided. The Forest Service proposes to charge $10 per operator. A $60 annual pass will also be available for purchase by the public. This annual pass could be used for access to three other motorized trails in the National Forests in Mississippi and would be valid for 12 months. The fees listed are only proposed and will be determined upon further analysis and public comments. All funds received from these fees would be used for continued operation and maintenance of the facility and allow additional amenities to be added to enhance the recreational experience at the facility. Comparable recreational use fees are being proposed at other sites that provide similar recreational opportunities in Mississippi.

# DATES:

Comments will be accepted through November 1, 2010. Implementation of fees is proposed to take place in fiscal year 2011.

# FOR FURTHER INFORMATION CONTACT:

Jeff Gainey, Recreation Program Manager, 601-965-1617, National Forests in Mississippi, 100 West Capitol Street, Suite 1141, Jackson, MS 39269.

# SUPPLEMENTARY INFORMATION:

                    The Federal Recreation Lands Enhancement Act (Title VII, Pub. L. 108-447) directed the Secretary of Agriculture to publish advance notice in the                     **Federal Register**                     whenever new recreation fee areas are established.                

Dated: April 28, 2010.

Margrett L. Boley,

Forest Supervisor, National Forests in Mississippi.

[FR Doc. 2010-11042 Filed 5-11-10; 8:45 am]

BILLING CODE 3410-11-M
Exhibit 32.1

|                              | (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. |
|                              |
|                              |
| Date:  February 5, 2010 | By: /s/ Owen Farren     |
|                              | Owen Farren             |
|                              | Chief Executive Officer |
|                              |
|                              |
|                              |
|                              |

----