alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to Local Rule 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 Local Rule

47.5.4. UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 96-50222

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

OMAR EDUARDO MORENO,

Defendant-Appellant.

Appeal from the United States District Court

For the Western District of Texas

(EP-95-CR-359)

December 13, 1996

Before POLITZ, Chief Judge, JONES and SMITH, Circuit Judges.

PER CURIAM: *

Convicted on a guilty plea of carjacking and use of a firearm during a crime

of violence, Omar Eduard o Moreno appeals his sentence, contending that the

district court erred by increasing his base offense level seven levels for the1 18 U.S.C. § 2119.

2 U.S.S.G. § 2B3.1(b)(2)(A).

3 18 U.S.C. § 924(c)(1).

4 See U.S.S.G. § 2K2.4 and 18 U.S.C. § 924(c)(1).

2 discharge of a firearm. We agree, vacate Moreno’s sentence, and remand for

resentencing.

Background

Moreno pled guilty to carjack ing 1 and was sentenced to 210 months

imprisonment, based on U.S.S.G. § 2B3.1 which establishes a 20-point base offense

level for robbery. The district court’s computation was increased by seven levels

because a firearm was discharged during the course of the carjacking. 2 In addition,

Moreno pled guilty to use of a firearm during a crime of violence 3 and was

sentenced to 60 months imprisonment. 4 Moreno contends that the district court

improperly increased his base offense level for c arjacking to account for the

discharge of a firearm while simultaneously imposing the mandatory sentence for

use of a firearm during a crime of violence.

Analysis

A challenge to the district court’s application of the sentencing guidelines is

reviewed de novo . Our review is limited to the inquiry whether the sentence was5 United States v. Thomas , 963 F.2d 63 (5th Cir. 1992).

6 See U.S.S.G. § 2K2.4(a) and Application Note 2 to § 2K2.4 (“Where a sentence under

[section 2K2.4] is imposed in conjunction with a sentence for an underlying offense, any

specific offense characteristic for the . . . use . .

. of [a] firearm ( e.g. , § 2B3.1(b)(2)(A)-(F)

(Robbery)) is not to be applied in respect to the guideline for the underlying offense.”).

3 imposed in violation of law or as a res ult of an incorrect application of the

sentencing guidelines. 5 Under the sentencing guidelines the court may not enhance

the base offense level for an underlying offense because of the use of a firearm and

sim ultaneously impose the mandatory consecutive sentence for use of that firearm. 6

The district court sentenced Moreno to the mandatory sentence for use of a

firearm during a crime of violence. The court also increased the base offense level

for carjacking because Moreno discharged a firearm during the course of the

carjacking. This constitutes impermissible “double counting” and is an incorrect

application of the sentencing guidelines. We therefore must VACATE the sentence

imposed and REMAND for resentencing.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2344 Introduced in Senate (IS)]

106th CONGRESS
  2d Session
                                S. 2344

To amend the Internal Revenue Code of 1986 to treat payments under the 
       Conservation Reserve Program as rentals from real estate.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 4, 2000

  Mr. Brownback (for himself, Mr. Daschle, Mr. Grams, Mr. Kerrey, Mr. 
Ashcroft, Mr. DeWine, Mr. Inhofe, Mr. Roberts, Mr. Dorgan, Mr. Conrad, 
 Mr. Lugar, Mr. Bond, Mr. Johnson, Mr. Bunning, Mr. Craig, Mr. Hagel, 
 and Mr. Grassley) introduced the following bill; which was read twice 
                and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To amend the Internal Revenue Code of 1986 to treat payments under the 
       Conservation Reserve Program as rentals from real estate.

    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 ``Conservation Reserve Program Tax 
Fairness Act''.

SEC. 2. TREATMENT OF CONSERVATION RESERVE PROGRAM PAYMENTS AS RENTALS 
              FROM REAL ESTATE.

    (a) In General.--Section 1402(a)(1) of the Internal Revenue Code of 
1986 (defining net earnings from self-employment) is amended by 
inserting ``and including payments under section 1233(2) of the Food 
Security Act of 1985 (16 U.S.C. 3833(2))'' after ``crop shares''.
    (b) Effective Date.--The amendment made by this section shall apply 
to payments made before, on, or after the date of the enactment of this 
Act.
                                 <all>
```
<PAGE>

                                                                      Exhibit 23

            Consent of Independent Registered Public Accounting Firm

We consent to the incorporation by reference in the Registration Statements
(Form S-8, No. 333-115910, Form S-8, No. 333-116769, Form S-8, No. 333-71532,
Form S-8, No. 333-55480, and Form S-8, No. 333-62907) of TLC Vision Corporation
of our reports dated March 10, 2006, with respect to the consolidated financial
statements and schedule of TLC Vision Corporation, TLC Vision Corporation
Management's assessment of the effectiveness of internal control over financial
reporting, and the effectiveness of internal control over financial reporting of
TLC Vision Corporation, included in the Annual Report (Form 10-K) for the year
ended December 31, 2005.


                                        /s/ Ernst & Young LLP
                                        ---------------------------------------

St. Louis, Missouri
March 15, 2006


                                       79
**Exhibit 23.1**

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

As independent registered public accountants, we hereby consent to the incorporation by reference of our report dated July 12, 2013 relating to the consolidated financial statements of AdvanSource Biomaterials Corporation as of and for the year ended March 31, 2013, included in this Form 10-K, into the Company’s previously filed Registration Statements on Form S-8 (File Nos. 333-117594, 333-106607 and 333-05893).

|                                    |
|------------------------------------|
| /s/ Liggett, Vogt & Webb, P.A. |
| New York, NYs                      |
| July 15, 2013                      |
**Exhibit10.40**

** **

**THIRDAMENDMENT TO THE**

**MIRANTSERVICES**

**SUPPLEMENTALBENEFIT PLAN**

 

**WHEREAS,**Mirant Services, LLC (the “Company”) heretofore adopted the Mirant ServicesSupplemental Benefit Plan (the “Plan”), effective January 1, 2001 to providecertain retirement and other deferred compensation benefits primarily for aselect group of management or highly compensated employees; and

 

**WHEREAS,**pursuant to Section 6.2 of the Plan, the Board of Managers of the Company (the “Board”)has the authority to amend the Plan; and

 

**WHEREAS,**the Board has delegated its authority to amend the Plan, provided suchamendment does not have a material effect on the cost of the Plan, to theAmericas Benefits Committee (the “Committee”); and

 

**WHEREAS,**the Committee desires to remove all references to a “Change in Control” fromthe Plan effective as of August 27, 2004; and

 

**WHEREAS,**the Committee has determined that the above amendment would not have a materialeffect on the cost of the Plan.

 

**NOW,THEREFORE,** the Committee hereby amends the Plan as follows,to be effective as of August 27, 2004:

 

**I.**

 

**Section2.5 of the Plan is hereby amended in its entirety to read as follows:**

 

“2.5         [Deleted]”

 

**II.**

 

**Section5.8 of the Plan is hereby amended in its entirety to read as follows:**

 

“5.8         [Deleted]”

 

**III.**

 

**Section6.2 of the Plan is hereby amended in its entirety to read as follows:**

 

“6.2         Amendment and Termination.  The Plan may be amended or terminated at anytime by the Board of Managers, provided that no amendment or termination shallcause a forfeiture or reduction in any benefits accrued as of the date of suchamendment or termination. The Plan may 

 

----

 

also be amended by theCommittee (a) if such amendment does not involve a substantial increase in costto the Employing Companies, or (b) as may be necessary, proper, or desirable inorder to comply with laws or regulations enacted or promulgated by any federalor state governmental authority.”

 

**IV.**

 

**All partsof the Plan not inconsistent here with are hereby ratified and confirmed.**

 

**IN WITNESSWHEREOF,** Mirant Services, LLC, through its duly authorizedofficer pursuant to a unanimous consent of the Committee dated September 29,2004, has adopted this Third Amendment to the Mirant Services SupplementalBenefit Plan on this 29th day of September, 2004, to be effective August 27,2004.

 
|   | **MIRANT SERVICES, LLC:** |
|--------|---------------------------|
|   |                      |   |
|   |                      |   |
|   | By:                       |   |   |
|   |                      | Vance  N. Booker |
|   |                      | SVP,  Administration |

 

2

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

<ARTICLE> 7
<LEGEND>
This schedule contains summary financial information extracted from the
financial statements of FPIC Insurance Group, Inc. for the twelve months ended
December 31, 1998 and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<DEBT-HELD-FOR-SALE>                           325,923
<DEBT-CARRYING-VALUE>                                0
<DEBT-MARKET-VALUE>                                  0
<EQUITIES>                                      10,328
<MORTGAGE>                                           0
<REAL-ESTATE>                                    4,582
<TOTAL-INVEST>                                 345,004
<CASH>                                           7,063
<RECOVER-REINSURE>                               3,190
<DEFERRED-ACQUISITION>                           2,001
<TOTAL-ASSETS>                                 479,378
<POLICY-LOSSES>                                242,377
<UNEARNED-PREMIUMS>                             44,310
<POLICY-OTHER>                                   5,767
<POLICY-HOLDER-FUNDS>                                0
<NOTES-PAYABLE>                                 27,165
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           952
<OTHER-SE>                                     144,357
<TOTAL-LIABILITY-AND-EQUITY>                   479,378
<PREMIUMS>                                      89,562
<INVESTMENT-INCOME>                             17,549
<INVESTMENT-GAINS>                                (39)
<OTHER-INCOME>                                  13,249
<BENEFITS>                                      67,362
<UNDERWRITING-AMORTIZATION>                          0
<UNDERWRITING-OTHER>                            12,549
<INCOME-PRETAX>                                 28,864
<INCOME-TAX>                                     8,172
<INCOME-CONTINUING>                             20,693
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    20,693
<EPS-PRIMARY>                                     2.22
<EPS-DILUTED>                                     2.11
<RESERVE-OPEN>                                 188,086
<PROVISION-CURRENT>                             81,694
<PROVISION-PRIOR>                             (14,333)
<PAYMENTS-CURRENT>                              14,279
<PAYMENTS-PRIOR>                                49,697
<RESERVE-CLOSE>                                242,377
<CUMULATIVE-DEFICIENCY>                         13,325
        

</TABLE>
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein, 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.

 January 27, 2015

Order 

Clerk

January 27, 2015

149502(47)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellant,

SC: 149502

v COA: 314375

Leelanau CC: 12-001777-FH

JOSEPH WILLIAM MILLER,

Defendant-Appellee.

_____________________________________/

On order of the Chief Justice, the motion of defendant-appellee to extend the time 

for filing his brief on appeal is GRANTED IN PART. The brief will be accepted as 

timely filed if submitted on or before February 3, 2015, not February 6, 2015, as 

requested.
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

                                                                   Exhibit 27.2



<ARTICLE> 5
<RESTATED>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           8,317
<SECURITIES>                                    39,191
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                47,842
<PP&E>                                          12,554
<DEPRECIATION>                                 (3,729)
<TOTAL-ASSETS>                                  56,826
<CURRENT-LIABILITIES>                            5,300
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        66,314
<OTHER-SE>                                    (15,740)
<TOTAL-LIABILITY-AND-EQUITY>                    56,826
<SALES>                                              0
<TOTAL-REVENUES>                                11,273
<CGS>                                                0
<TOTAL-COSTS>                                   13,606
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 236
<INCOME-PRETAX>                                  (670)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              (670)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (670)
<EPS-PRIMARY>                                   (0.07)
<EPS-DILUTED>                                   (0.07)


</TABLE>
<PAGE>   1
                                   EXHIBIT 23

                       CONSENT OF INDEPENDENT ACCOUNTANTS


We hereby consent to the incorporation by reference in the Prospectuses
constituting part of the Registration Statements on Forms S-8 filed on or about
September 4, 1996, May 29, 1997 and December 2, 1998 of Potters Financial
Corporation of our report dated February 3, 2000 related to the consolidated
balance sheets of Potters Financial Corporation as of December 31, 1999 and 1998
and the related consolidated statements of income, shareholders' equity and cash
flows for each of the three years in the period ending December 31, 1999, which
report is included in this Form 10-KSB.



                                         /s/ CROWE, CHIZEK AND COMPANY LLP
                                         Crowe, Chizek and Company LLP

Columbus, Ohio
March 14, 2000
APPENDIX A: ACTIONS OF THE

JUNE 12, 2017, MEETING OF THE BOARD OF REGENTS

The Board of Regents approved two motions recognizing extraordinary service to the 

Smithsonian. At the request of the Board, actions 2017.06.01–2017.06.02 are being treated as 

confidential until publicly announced.

VOTED that the Board of Regents adopts the Consent Agenda, which constitutes the approval 

of all action items listed therein. [2017.06.03]

VOTED that the Board of Regents approves the minutes of the April 3, 2017, meeting of 

the Board of Regents.

VOTED that the Board of Regents approves the proposed slate of candidates for 

appointment or reappointment to ten Smithsonian advisory boards.

VOTED that the Board of Regents approves of the 2017 proposed committee chairmanships 

and member assignments for Roger W. Ferguson, Jr., and Michael Govan and requests that the 

Chancellor make the necessary appointments. [2017.06.04]

VOTED that the Board of Regents authorizes the Secretary to submit to Congress a federal 

budget request for appropriated funds for fiscal year 2018 as part of the President’s budget in 

the amount of $947 million, as negotiated with OMB, and authorizes the Secretary to inform 

OMB and Congress fully about the implications of the President’s budget for the mission and 

priorities of the Smithsonian. [2017.06.05]

VOTED the Board of Regents approves a five percent payout from the Smithsonian Endowment 

in fiscal year 2018 to support programmatic activity. Further, the Board approves up to an 

additional one percent payout from eligible Smithsonian Endowment funds in fiscal year 2018 

for expenses associated with the Smithsonian Campaign. The payout shall be calculated against 

the trailing five-year average market value of the Smithsonian Endowment. [2017.06.06]

VOTED that the Board of Regents approves the defeasance of the Smithsonian’s Series 2010 

Bonds. [2017.06.07]
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EXHIBIT 32.1








CERTIFICATION PURSUANT TO


18 U.S.C. § 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002








In connection with the Quarterly Report of First Chester County Corporation (the "Company") on Form 10-Q for the period ending June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, John A. Featherman, III, Chief Executive Officer and Chairman of the Board of the Company, certify, pursuant
to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





(1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and





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








Date: August 10, 2009/s/ John A. FeathermanJohn A. FeathermanChief Executive OfficerChairman of the Board
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          SEP-30-1996
<PERIOD-START>                             OCT-01-1995
<PERIOD-END>                               SEP-30-1996
<CASH>                                           3,158
<SECURITIES>                                         0
<RECEIVABLES>                                   55,673
<ALLOWANCES>                                       902
<INVENTORY>                                      1,806
<CURRENT-ASSETS>                                62,101
<PP&E>                                           3,956
<DEPRECIATION>                                   1,135
<TOTAL-ASSETS>                                  64,923
<CURRENT-LIABILITIES>                           43,764
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             6
<OTHER-SE>                                      20,869
<TOTAL-LIABILITY-AND-EQUITY>                    64,923
<SALES>                                        345,093
<TOTAL-REVENUES>                               345,093
<CGS>                                          316,165
<TOTAL-COSTS>                                   21,726
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   410
<INTEREST-EXPENSE>                               1,673
<INCOME-PRETAX>                                  5,645
<INCOME-TAX>                                     2,315
<INCOME-CONTINUING>                              3,329
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,315
<EPS-PRIMARY>                                      .77
<EPS-DILUTED>                                      .77
        

</TABLE>