alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 The Honorable Laurie Smith Camp, United States District Judge for the District of Nebraska. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 06-1404

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Nebraska. Kevin J. Yale, * * [UNPUBLISHED] Appellant. *

___________ Submitted: February 6, 2007 Filed: February 7, 2007

___________ Before COLLOTON, HANSEN, and BENTON, Circuit Judges.

___________ PER CURIAM. Kevin J. Yale appeals the senten ce imposed by the district court 1 after he pleaded guilty to conspiring to distribute and possess with intent to distribute 500 grams or more of a methamphetamine mixture, in violation of 21 U.S.C. § 846. In a brief filed under Anders v. California , 386 U.S. 738 (1967), counsel argues that Yale’s 262-month prison sentence, imposed upon cons ideration of an advisory Guidelinesrange of 262-327 months, is too harsh in comparison to the sentences of his coconspirators.-2- We find no abuse of discretion in the district court’s refusal to grant Yale a downward variance to accomplish sentencing pa rity, especially where, in opposing the variance, the government had stated without objection that Yale’s case was distinguished by an extensive criminal reco rd and the existence of a weapon. See United States v. Plaza , 471 F.3d 876, 880 (8th Cir. 2006) (while unwarranted sentencing disparities are to be avoided, district court evaluating potential disparity must compare defendants with similar reco rds who have been found guilty of similar conduct; reversing downward variance where coconspirators had different criminal history categories, role-related adjustment s, drug quantities, and Guidelines ranges).
After reviewing the record i ndependently under Penson v. Ohio , 488 U.S. 75 (1988), we have found no nonfrivolous issues. Accordingly, we affirm the judgment of the district court, and grant counsel’s motion to withdraw.

______________________________
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-18-00166-CV

Appellants, Kimberly McNeely, Acting Director of PARD, in her Official Capacity; and the 

City of Austin // Cross-Appellant, Watertight Endeavors, Inc. d/b/a Austin Party Cruises

v.

Appellee, Watertight Endeavors, Inc. d/b/a Austin Party Cruises // Cross-Appellees, 

Kimberly McNeely, Acting Director of PARD, in her Official Capacity; and the 

City of Austin

FROM THE 201ST DISTRICT COURT OF TRAVIS COUNTY

NO. D-1-GN-18-000004, THE HONORABLE KARIN CRUMP, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N 

Appellants, Kimberly McNeely, Acting Director of PARD, in her Official 

Capacity, and the City of Austin, have filed an unopposed motion to dismiss this appeal. We 

grant appellants’ motion and dismiss the appeal. See Tex. R. App. P. 42.1(a)(1).

Cross-appellant, Watertight Endeavors, Inc. d/b/a Austin Party Cruises, has also 

filed an unopposed motion to dismiss its cross-appeal. We grant the cross-appellant’s motion 

and dismiss the cross-appeal. See id.
2

__________________________________________

Cindy Olson Bourland, Justice

Before Justices Puryear, Pemberton, and Bourland

Dismissed on Appellants’ Motion

Filed: May 16, 2018
S. 2370

One Hundred Sixth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,

the twenty-fourth day of January, two thousand

An Act

To designate the Federal building located at 500 Pearl Street in New York City,

New York, as the ‘‘Daniel Patrick Moynihan United States Courthouse’’.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. DESIGNATION OF DANIEL PATRICK MOYNIHAN UNITED

STATES COURTHOUSE.

The Federal building located at 500 Pearl Street in New York

City, New York, shall be known and designated as the ‘‘Daniel

Patrick Moynihan United States Courthouse’’.

SEC. 2. REFERENCES.

Any reference in a law, map, regulation, document, paper,

or other record of the United States to the Federal building referred

to in section 1 shall be deemed to be a reference to the Daniel

Patrick Moynihan United States Courthouse.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
Opinion of Balch & Bingham LLP


 Exhibit 4.2 
 May 27, 2009 
 The Colonial BancGroup, Inc. 
 100 Colonial Bank Blvd, 3rd floor 
 Montgomery, Alabama 36117 
  

	 	Re:	Registration Statement on Form S-8 relating to the issuance of shares of Common Stock under 


	 	  	The Colonial BancGroup, Inc. Stock Incentive Plan (the “Plan”) 

 Gentlemen: 
 We are familiar with the proceedings taken and proposed to be taken by The Colonial BancGroup, Inc., a Delaware
corporation (the “Company”), in connection with the proposed issuance by the Company of 15,000,000 additional shares of its Common Stock, par value of $2.50 per share, from authorized but unissued shares in connection with the Plan. We
have also acted as counsel for the Company in connection with the preparation and filing with the Securities and Exchange Commission, under the Securities Act of 1933, of the Registration Statement on Form S-8 referred to in the caption above. In
this connection we have reviewed such documents and matters of law as we have deemed relevant and necessary as a basis for the opinions expressed herein. 
 Upon the basis of the foregoing, we are of the opinion that: 
 (i) The Company is a corporation duly
organized and existing under the laws of the State of Delaware; 
 (ii) The shares of Common Stock of the Company referred to above, to the
extent actually issued by the Company, when so issued upon receipt of the consideration approved by the Board of Directors of the Company (not less than the par value of the Common Stock), will be duly and validly authorized and issued and will be
fully paid and nonassessable shares of Common Stock of the Company; and 
 (iii) Under the laws of the State of Delaware, no personal
liability attaches to the ownership of the shares of Common Stock of the Company. 
 The opinions herein are limited to the corporate laws of
the State of Delaware. To the extent that any of the documents or instruments referred to herein are governed by the corporate laws of any jurisdiction other than the State of Delaware, we have assumed that the laws of such jurisdiction are the same
as the laws of the State of Delaware. This opinion concerns only the effect of the laws of the State of Delaware (exclusive of securities or “blue sky” laws and the principles of conflicts of laws) as currently in effect. This opinion is
limited to the matters set forth herein, and no other opinions should be inferred beyond the matters expressly stated. 
 This opinion is
rendered as of the date hereof. We assume no obligation to update such opinion to reflect any facts or circumstances which may hereafter come to our attention or changes in the law which may hereafter occur. We hereby consent to the use of our name
in the Prospectus and to the filing of a copy of this opinion as an exhibit to the Registration Statement. In giving our consent, we do not admit that we are “experts” within the meaning of Section 11 of the Act or within the category
of persons whose consent is required by Section 7 of the Act. 
 Sincerely, 
 /s/ Balch & Bingham LLP
Exhibit 23
----------







               Consent of Independent Certified Public Accountants




The Board of Directors of
FPIC Insurance Group, Inc.

We hereby consent to the incorporation by reference in the Registration
Statements on Form S-3 (No. 333-83835) and on Form S-8 (333-72601, 333-72599,
333-09365, and 333-09375), of our report dated February 20, 2002, except as to
the matter discussed in the fifth paragraph of Note 11, as to which the date is
March 26, 2002, relating to the consolidated financial statements and financial
statement schedules, as of and for the years ended December 31, 2001 and 2000,
which appears in this Form 10-K.



                         /s/ PricewaterhouseCoopers LLP


                           PricewaterhouseCoopers LLP




Jacksonville, Florida
March 26, 2002



<PAGE>



Exhibit 23
----------







               Consent of Independent Certified Public Accountants




The Board of Directors
FPIC Insurance Group, Inc.

We consent to the use of our report dated March 8, 2000 relating to the
consolidated statements of income, comprehensive income, changes in
shareholders' equity, and cash flows of FPIC Insurance Group, Inc. for the year
ended December 31, 1999 incorporated herein by reference in the registration
statements on Forms S-3 of FPIC Insurance Group, Inc. (333-83835) and Form S-8
of FPIC Insurance Group, Inc.'s Director Stock Option Plan (333-72601), and
Omnibus Incentive Plan (333-72599), and First Professionals Insurance Company's
Employee Stock Purchase Plan (333-09365) and Defined Contribution Plan
(333-09375).




                                  /s/ KPMG LLP

                                    KPMG LLP



Jacksonville, Florida
March 27, 2002
EXHIBIT
32.1





SARBANES-OXLEY
ACT SECTION 906


CERTIFICATION
OF CHIEF EXECUTIVE OFFICER




CERTIFICATION
PURSUANT TO 18 U.S.C. § 1350




I, Robert
E. Beach, the Chief Executive Officer of Commercial Bancshares, Inc. (the
“Company”), certify that (i) the Annual Report on Form 10-K for the Company for
the year ended December 31, 2009 (the “Report”), fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and (ii) the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.








/s/
Robert E. Beach


Chief
Executive Officer


Dated:  March
31, 2010
## F IFTH 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________ Case No. 5D2 023
- 3759 LT Case No. 2023
- CF
- 7379 -A

_____________________________ S HANNON B LOOM N ANCE , Appella nt,
v. S TATE OF F LORIDA , Appellee
.

_____________________________ On a ppeal from the Circuit Court for Duval County. Mark J. Borello, Judge. Matthew J. Metz, Public Defender, and George D.E. Burden, Assistant Public Defender, Daytona Beach, for Appellant. Ashley M oody, Attorney General, and Christina Piotrowski, Assistant Attorney General, Tallahassee, for Appellee. J une 25, 2024 P ER C URIAM . A FFIRMED . E DWARDS , C.J., and L AMBERT and K ILBANE , J J., concur.2 _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331 .

_____________________________
No. 1,686.

#### STATE ex rel. BROGAN, Relatrix, *v.*DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT, and E. W. *H*ARNEY, Judge Thereof, Respondents.

*Original*— Mandamus.

Decided July 3, 1903.

*Mr. L. P. Forrestell,*for Relatrix.

*Messrs. McIIatton & Goiter,*for Respondents.

Per C-uriam.-

This cause is dismissed in accordance with the stipulation on file.
EXHIBIT 31.1
**Certification**
I, Arnold M. Nemirow, Chairman, President and Chief Executive Officer ofBowater Incorporated, certify that:
1. I have reviewed this Form 10-Q for the quarterly period ended September30, 2004 of Bowater Incorporated; 2. Based on my knowledge, this annual report does not contain any untruestatement of a material fact or omit to state a material fact necessary tomake the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered bythis report; 3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flows ofthe registrant as of, and for, the periods presented in this report; 4. The registrant’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrantand have:
a) designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision,to ensure that material information relating to the registrant, includingits consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is beingprepared; b) evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in this reportour conclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by this reportbased on such evaluation; and c) disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourthfiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect,the registrant’s internal control over financial reporting; and
5. The registrant’s other certifying officer(s) and I have disclosed, basedon our most recent evaluation of internal controls over financialreporting, to the registrant’s auditors and the audit committee ofregistrant’s board of directors (or persons performing the equivalentfunction):
a) all significant deficiencies and material weaknesses in the design oroperation of internal controls over financial reporting which arereasonably likely to adversely affect the registrant’s ability to record,process, summarize and report financial information; and b) any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in theregistrant’s internal controls over financial reporting.   Date: November 9, 2004     /s/ Arnold M. Nemirow  Arnold M. Nemirow  Chairman, President and Chief Executive Officer
<PAGE>   1

                                                                    EXHIBIT 23.4

                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

     As independent public accountants, we hereby consent to the incorporation
by reference of our report included in this Form 10-K into IXC Communications,
Inc.'s previously filed registration statements on Form S-3 (File No.
333-33421), Form S-3 (File No. 333-52433), Form S-8 (File No. 333-11409), Form
S-8 (File No. 333-18467), Form S-8 (File No. 333-49817), Form S-8 (File No.
333-66351) and Form S-8 (File No. 333-66367).

                                       /s/ Arthur Andersen LLP

Monterrey, N.L.
March 26, 1999.
_______________________________________ __ Michigan Supreme Court 

# Order
Lansing, Michigan

December 27, 2005 Clifford W. Taylor, Chief Justice 129330 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, Robert P. Young, Jr. Stephen J. Markman, Justices

v SC: 129330 COA: 259807 Wayne CC: 90-005689 DAVID LOUIS HUMPHREY, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application fo r leave to appeal th e July 21, 2005 order of the Court of Appeals is considered, a nd it is DENIED, because the defendant has failed to meet the burden of establishi ng entitlement to relief under MCR 6.508(D).

p1219 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

December 27, 2005

Clerk
Exhibit 31.2
 CERTIFICATION
  1.
    
    I have reviewed this Quarterly Report on Form 10-Q of First Franklin Corporation;
 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)) and internal control over financial reporting (as defined in Exchange Act Rules
13a-15(f) and 15d-15(f)) for the registrant and have:
     5.
    
    The registrants other certifying officer(s) 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):
   Date: August 14, 2009
    /s/ Daniel T. VoelpelDaniel T. VoelpelVice President and Chief Financial Officer
No. 1,740.

#### HEINZE et al., Appellants, *v.*BOSTON & MONTANA CONSOL. C. & S. MINING COMPANY, Respondent.

*Appeal from District Court, Silver Bow*County.

Injunction.

*Messrs. Toole &*Bach, for Appellants.

Per CuriaM.

— The application for an injunction p.ending tha appeal is denied.
##### 



Exhibit 12.1 Bowater Incorporated
Statement of Computation of Unaudited Ratio of Earnings to Fixed Charges
(in millions, except ratio information) Three Months Ended March 31,2005
    
    
    2004Earnings:Loss before income taxes, minority interests and
cumulative effect of accounting change
    
    $
    (8.1
    )
    
    $
    (69.3
    )Add: Fixed charges from below
    
    
    52.2
    
    
    
    49.8Less: Capitalized interest
    
    
    0.1
    
    
    
    $
    44.0
    
    
    $
    (19.5
    )Fixed Charges:Interest expense, net of interest capitalized
    
    
    50.2
    
    
    
    48.2Capitalized interest
    
    
    0.1
    
    
    
    Estimate of interest within rental expense
    
    
    0.4
    
    
    
    0.7Amortized premium and discounts related to indebtedness
    
    
    1.5
    
    
    
    0.9$
    52.2
    
    
    $
    49.8Deficiency of Earnings to Fixed Charges
    
    $
    8.2
    
    
    $
    69.3
[Federal Register Volume 75, Number 6 (Monday, January 11, 2010)]
[Notices]
[Page 1447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-114]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Receipt of Noise Compatibility Program Update and Request for 
Review for Modesto City-County Airport, Modesto, CA

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice, correction.

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

SUMMARY: The Federal Aviation Administration (FAA) published a notice 
in the Federal Register on December 18, 2009. (74 FR 67305). This 
action corrects an error in a date in that document. The notice 
announced that the FAA is reviewing a proposed noise compatibility 
program update that was submitted for Modesto City-County Airport under 
the provisions of 49 U.S.C. 47501 et seq. (the Aviation Safety and 
Noise Abatement Act) and 14 CFR Part 150 by City of Modesto.

FOR FURTHER INFORMATION CONTACT: Camille Garibaldi, Telephone number: 
(650) 876-2778, extension 613.

Correction

    In Notice document (Federal Register Doc. E9-30186) published on 
December 18, 2009 (74 FR 67305) make the following correction:
    On page 67305 in the second column, in the fourth line of the third 
paragraph under the heading SUPPLEMENTARY INFORMATION; the date 
December 6, 2009, is corrected to read, December 9, 2009.

    Issued in Hawthorne, California on December 29, 2009.
Mark A. McClardy,
Manager, Airports Division, AWP-600, Western-Pacific Region.
[FR Doc. 2010-114 Filed 1-8-10; 8:45 am]
BILLING CODE 4910-13-M
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This  schedule  contains  summary  financial   information  extracted  from  the
financial  statements  as of and for the  period  ended  June  30,  1996  and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<CIK>                         0001009480
<NAME>                        AMERTRANZ WORLDWIDE HOLDING CORP.
<MULTIPLIER>                  1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               JUN-30-1996
<CASH>                                             377
<SECURITIES>                                         0
<RECEIVABLES>                                    7,970
<ALLOWANCES>                                       371
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 8,533
<PP&E>                                           1,040
<DEPRECIATION>                                     210
<TOTAL-ASSETS>                                  22,740
<CURRENT-LIABILITIES>                           22,470
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            36
<OTHER-SE>                                      (7,785)
<TOTAL-LIABILITY-AND-EQUITY>                    22,740
<SALES>                                         27,446
<TOTAL-REVENUES>                                27,446
<CGS>                                           20,961
<TOTAL-COSTS>                                   20,961
<OTHER-EXPENSES>                                 8,772
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               4,058
<INCOME-PRETAX>                                 (6,397)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             (6,397)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (6,397)
<EPS-PRIMARY>                                    (1.84)
<EPS-DILUTED>                                        0
        


</TABLE>