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

For the Seventh Circuit

Chicago, Illinois 60604

Submitted April 22, 2009

Decided April 30, 2009

Before

DANIEL A. MANION, Circuit Judge

MICHAEL S. KANNE, Circuit Judge

DIANE S. SYKES, Circuit Judge

No. 08‐2860

UNITED STATES OF AMERICA,

Plaintiff‐Appellee,

v.

MICHELLE MAYS,

Defendant‐Appellant.

Appeal from the United States District

Court for the Eastern District of

Wisconsin.

No. 06‐CR‐207

Rudolph T. Randa,

Chief Judge.

Michelle Mays was part of a ring that beginning in the mid‐1990s sold millions of

dollars worth of cocaine in Milwaukee.  Mays pleaded guilty to conspiracy to distribute

cocaine, 21 U.S.C. §§ 846, 841(a)(1), and was sentenced to 150 months’ imprisonment.

Mays’s appointed counsel seeks to withdraw under Anders v. California, 366 U.S. 738 (1967).

We invited Mays to respond to counsel’s submission, see CIR. R. 51(b), but she has not.  We

limit our review to the one potential issue considered in counsel’s supporting brief.  See

United States v. Schuh, 289 F.3d 968, 973‐74 (7th Cir. 2002).

Counsel questions whether Mays could argue that her prison sentence is

unreasonable.  Mays was classified as a career offender based on felony convictions for

aggravated battery and possession of cocaine with intent to distribute.  The district court

NONPRECEDENTIAL DISPOSITION

To be cited only in accordance with

Fed. R. App. P. 32.1
No. 08‐2860 Page 2

therefore applied a criminal history category of VI, see U.S.S.G. § 4B1.1, and calculated an

advisory imprisonment range of 262 to 367 months.  At sentencing Mays did not contest

her status as a career offender.  Instead, she argued that the guidelines overstate the

seriousness of her criminal history because both of her predicate felonies are more than

fifteen years old and she had not been convicted of any other serious crime since.  Mays

further argued that her significant assistance to the government, her age, and her serious

medical issues warranted a sentence below the guidelines range.  The district judge

disagreed that her criminal history was overstated but did grant the government’s motion

for a below‐range sentence based on Mays’s substantial assistance, see U.S.S.G. § 5K1.1.

After also addressing the factors listed in 18 U.S.C. § 3553(a), the court settled upon 150

months.

A sentence within a properly calculated guidelines range is presumed reasonable,  

Rita v. United States, 127 S. Ct. 2456, 2462 (2007); United States v. Cano‐Rodriguez, 552 F.3d

637, 639 (7th Cir. 2009), and therefore a below‐guidelines sentence is also presumed

reasonable, United States v. Liddell, 543 F.3d 877, 885 (7th Cir. 2008).  Here, the guidelines

range was correctly calculated.  The district court also considered the statutory factors and

sentenced Mays far below the guidelines range, and so any argument that her sentence is

unreasonable would be frivolous.  See, e.g., United States v. Shannon, 518 F.3d 494, 496 (7th

Cir. 2008).  

Accordingly, counsel’s motion to withdraw is GRANTED, and the appeal is

DISMISSED.
Exhibit 23.3

Consent of Independent Registered Public Accounting Firm

We consent to the incorporation by
reference in the following Registration Statements of Sunrise Senior Living, Inc.:



|                              |  |      |          |  |             |                                                 
|----------------------------- |  | ---- | -------- |  | ----------- | ------------------------------------------------
|Registration Statement
Number |  | Form |          |  | Description
|333-38430                     |  |      | Form S-8 |  |             | 1996 Non-Incentive Stock Option Plan, as Amended
|333-26837                     |  |      | Form S-8 |  |             | 1997 Stock Option Plan                          
|333-57293                     |  |      | Form S-8 |  |             | 1998 Stock Option Plan                          
|333-78313                     |  |      | Form S-8 |  |             | 1999 Stock Option Plan                          
|333-38432                     |  |      | Form S-8 |  |             | 2000 Stock Option Plan                          
|333-61918                     |  |      | Form S-8 |  |             | 2001 Stock Option Plan                          
|333-88570                     |  |      | Form S-8 |  |             | 2002 Stock Option and Restricted Stock Plan     
|333-109228                    |  |      | Form S-8 |  |             | 2003 Stock Option and Restricted Stock Plan     
|333-160796                    |  |      | Form S-8 |  |             | 2008 Omnibus Incentive Plan                     
|333-167023                    |  |      | Form S-8 |  |             | 2008 Omnibus Incentive Plan, as Amended         

of our report dated March 13, 2012, with respect to the consolidated financial statements of CC3 Acquisition, LLC,
included in this Amendment No. 1 on Form 10-K/A of Sunrise Senior Living, Inc. for the year ended December 31, 2011.



|                                |  |  |  |                      
|------------------------------- |  |  |  | ---------------------
|McLean, Virginia
March 15, 2012 |  |  |  | /s/ Ernst & Young LLP
EXHIBIT 23.2


                               CONSENT OF KPMG LLP



KPMG LLP

                          Independent Auditors' Consent



The Board of Directors and Stockholders
United Financial Corp.:

We consent to the incorporation by reference in the registration statement (No.
333-53308) on Form S-8 of United Financial Corp. of our report dated January 26,
2001, with respect to the consolidated balance sheet of United Financial Corp.
and subsidiaries as of December 31, 2000, and the related consolidated
statements of income, stockholders' equity and comprehensive income, and cash
flows, for each of the years in the two-year period ended December 31, 2000,
which report appears in the December 31, 2001, annual report on Form 10-K of
United Financial Corp.


/s/ KPMG LLP

Billings, Montana
March 26, 2002
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
This is Exhibit 27 of First West Chester Corporation's Form 10-Q.
</LEGEND>
<CIK> 0000744126
<NAME> FIRST WEST CHESTER CORPORATION
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                          18,398
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                 6,500
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     70,167
<INVESTMENTS-CARRYING>                          14,504
<INVESTMENTS-MARKET>                            14,394
<LOANS>                                        290,100
<ALLOWANCE>                                      5,387
<TOTAL-ASSETS>                                 407,802
<DEPOSITS>                                     354,929
<SHORT-TERM>                                     7,453
<LIABILITIES-OTHER>                              3,950
<LONG-TERM>                                      2,500
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,800
<OTHER-SE>                                      31,530
<TOTAL-LIABILITIES-AND-EQUITY>                 407,802
<INTEREST-LOAN>                                  6,153
<INTEREST-INVEST>                                1,475
<INTEREST-OTHER>                                    36
<INTEREST-TOTAL>                                 7,664
<INTEREST-DEPOSIT>                               2,978
<INTEREST-EXPENSE>                               3,106
<INTEREST-INCOME-NET>                            4,558
<LOAN-LOSSES>                                      210
<SECURITIES-GAINS>                                   5
<EXPENSE-OTHER>                                  3,623
<INCOME-PRETAX>                                  1,625
<INCOME-PRE-EXTRAORDINARY>                       1,100
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,100
<EPS-PRIMARY>                                     0.48
<EPS-DILUTED>                                     0.48
<YIELD-ACTUAL>                                    4.98
<LOANS-NON>                                        997
<LOANS-PAST>                                       536
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 5,218
<CHARGE-OFFS>                                       67
<RECOVERIES>                                        26
<ALLOWANCE-CLOSE>                                5,387
<ALLOWANCE-DOMESTIC>                             5,387
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
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.

Heinz Binder (SBN 87908)

Robert G. Harris (SBN 124678)

BINDER & MALTER, LLP

2775 Park Avenue

Santa Clara, CA 95050

Tel: (408) 295-1700

Fax: (408) 295-1531

Email: Heinz@bindermalter.com

Email: Rob@bindermalter.com

Attorneys for TURN, The Utility Reform Network

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

In re

PG&E CORPORATION

and

PACIFIC GAS AND ELECTRIC 

COMPANY,

 Debtors.

Case Nos. 19-30088 DM (Lead Case)

 19-30089 DM

Chapter 11

Jointly Administered 

☐ Affects PG&E Corporation

☐ Affects Pacific Gas and Electric Company

☒ Affects both Debtors

* All papers shall be filed in the Lead Case 

No. 19-30088 DM.

Date: May 9, 2019

Time: 9:30 a.m. 

Place: Courtroom 17

450 Golden Gate Avenue 

San Francisco, California 

DKT # 1324

OBJECTION DEADLINE: April 24, 2019

SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE

IN SUPPORT OF MOTION BY TURN FOR APPOINTMENT OF

OFFICIAL COMMITTEE OF RATEPAYER CLAIMANTS PURSUANT TO 

11 U.S.C. §§ 1102(a)(2), 105(a) (FRE 201, FRBP 9017)

Case: 19-30088 Doc# 1821 Filed: 05/02/19 Entered: 05/02/19 18:25:22 Page 1 of

2
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.

The Utility Reform Network (“TURN”), by and through its counsel of record, hereby requests 

that the Court to take judicial notice pursuant to Rule 201 of the Federal Rules of Evidence, as made 

applicable to this proceeding by Rule 9017 of the Federal Rules of Bankruptcy Procedure, of the 

following complete documents in support of the Motion by Turn for Appointment of Official 

Committee of Ratepayer Claimants Pursuant to 11 U.S.C. §§ 1102(a)(2), 105(a) and its Reply to 

Oppositions to Motion by TURN for Appointment of Official Committee of Ratepayer Claimants 

Pursuant to 11 U.S.C. §§ 1102(a)(2), 105(a): 

1. Order Instituting Investigation and Ordering Pacific Gas and Electric Company to 

Appear and Show Cause Why It Should not be Sanctioned for Violations of Article 8 and Rule 1.1 

of the Rules of Practice and Procedure and Public Utilities Code Sections 1701.2 and 1701.3, a true

and correct copy of which is attached hereto as Exhibit “1”. 

2. I.18-12-007, Order Instituting Investigation and Order to Show Cause on the 

Commission’s Own Motion into the Operations and Practices of Pacific Gas and Electric Company 

with Respect to Locate and Mark Practices and Related Matters, a true and correct copy of which is 

attached hereto as Exhibit “2”. 

Dated: May 2, 2019 BINDER & MALTER, LLP

By: /s/ Robert G. Harris 

Robert G. Harris

Attorneys for TURN, The Utility Reform 

Network 

Case: 19-30088 Doc# 1821 Filed: 05/02/19 Entered: 05/02/19 18:25:22 Page 2 of

2
[Federal Register Volume 75, Number 97 (Thursday, May 20, 2010)]
[Notices]
[Page 28252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12055]


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

FEDERAL MARITIME COMMISSION


Ocean Transportation Intermediary License Revocation

    The Federal Maritime Commission hereby gives notice that the 
following Ocean Transportation Intermediary licenses have been revoked 
pursuant to section 19 of the Shipping Act of 1984 (46 U.S.C. Chapter 
409) and the regulations of the Commission pertaining to the licensing 
of Ocean Transportation Intermediaries, 46 CFR Part 515, effective on 
the corresponding date shown below:

    License Number: 1198F.
    Name: World Freight Forwarders, Inc.
    Address: 1430 Morton Drive, Maysville, KY 41056.
    Date Revoked: April 12, 2010.
    Reason: Surrendered license voluntarily.

    License Number: 13787N.
    Name: Trans Caribe Express Shippers, Inc.
    Address: 163 Tremont Avenue, East Orange, NJ 07018.
    Date Revoked: April 29, 2010.
    Reason: Failed to maintain a valid bond.

    License Number: 015941N.
    Name: Cargo Plus, Inc.
    Address: 8333 Wessex Drive, Pennsauken, NJ 08109.
    Date Revoked: April 25, 2010.
    Reason: Failed to maintain a valid bond.

    License Number: 017207F.
    Name: Legend Express Co.
    Address: 1506 S. Paloma Street, Los Angeles, CA 90021.
    Date Revoked: May 5, 2010.
    Reason: Surrendered license voluntarily.

    License Number: 17493N.
    Name: Bayanihan Cargo International Inc.
    Address: 925 Linden Avenue, <greek-i>D, South San Francisco, CA 
94080.
    Date Revoked: April 30, 2010.
    Reason: Failed to maintain a valid bond.

    License Number: 019651F.
    Name: Acorn International Forwarding Co.
    Address: 2200 Pacific Coast Highway, Suite 219, Hermosa Beach, CA 
90254.
    Date Revoked: April 30, 2010.
    Reason: Failed to maintain a valid bond.

    License Number: 021725N.
    Name: World Wide Cargo Partners, LLC.
    Address: 7900 Stoneridge Drive, Suite <greek-i>117, Pleasanton, CA 
94588.
    Date Revoked: April 20, 2010.
    Reason: Surrendered license voluntarily.

    License Number: 021121F.
    Name: Worldwide Logistics of Columbus LLC.
    Address: 6663 Huntley Road, Suite N, Columbus, OH 43229.
    Date Revoked: April 30, 2010.
    Reason: Failed to maintain a valid bond.

Sandra L. Kusumoto,
Director, Bureau of Certification and Licensing.
[FR Doc. 2010-12055 Filed 5-19-10; 8:45 am]
BILLING CODE 6730-01-P
IN THE COURT OF APPEALS OF IOWA
No. 14

- 1848 Filed February 24, 2016

IN THE MATTER OF PROPERTY SEIZED FOR FORFEITURE FROM SHELBY ANTHONY VOGT SHELBY ANTHONY VOGT, Applicant

- Appellant.

________________________________________________________________ Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple , Judge.

Shelby Anthony Vogt appeals from the denial of his third applicatio n for return of proper ty forfeited in 2005

. AFFIRMED.

Shelby Anthony Vogt, Waterloo, pro se. Thomas J. Miller, Attorney General, and Kevin Cmelik and Heather Ann Mapes, Assistant Attorneys General, for appellee.

Considered by Danilson, C.J., and Vogel and Potterfield, JJ.2

DANILSON, Chief Judge. Shelby Vogt filed an application for return of property, which was forfeited by order dated September 6, 2005, following a hearing. No appeal followed the September 5, 2005 forfeiture. See Iowa R. App. P. 6.101(1 )(b) (“A notice of appeal must be filed within 30 days after the filing of the final order or judgment.”). Vogt filed a second application for return of the same property in 2009. The district court entered an order on November 18, 2009, denying the

a pplication “[b]ecause the matter was previously litigated.” Vogt filed this third application for return of the same property and, on October 17, 2014, the district court dismissed the application

. Vogt appealed, contending the original seizure of the property was illegal. We review forfeiture proceedings for the correction of errors at law. In re Property Seized For Forfeiture From Williams , 676 N.W.2d 607, 612 (Iowa 2004)

.

“ Principles of res judicata preclude a court from relitigating an issue or claim that has been previously decided

. ” In re Marriage of Guyer , 522 N.W.2d 818, 821 (Iowa 2003). “ Res judicata as claim preclusion applies when a litigant has brought an action, an adjudication has occurred, and the litigant is thereafter foreclosed fr om further litigation on the claim. ” Israel v. Farmers Mut. Ins. Ass ’ n of Iowa , 339 N.W.2d 143, 146 (Iowa 1983) ; see also State ex rel. Iowa Dep’t of Human Servs. v. Mundie , 436 N.W.2d 60, 61 (Iowa 1989) . Because Vogt’s claim for return of property was t ried and decided more than ten years ago, he may not relitigate the matter now.
AFFIRMED.
**Exhibit 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We hereby consent to the incorporation by reference in theRegistration Statements on Form S-3 (Nos. 333-45349, 333-52489, 333-40912, 333-48778, 333-76356 and 333-97821), in the Registration Statements on Form S-4 (Nos. 333-52232 and 333-63252) and in the Registration Statements on Form S-8 (Nos.333-43059, 333-45351, 333-86681, 333-93419, 333-46816, 333-57778, 333-59820, 333-61952, 333-72544, 333-73574, 333-76312, 333-89168, 333-108049, 333-112025, 333-116095, 333-126819 and 333-161542) of Polycom, Inc. of our report dated February 19,2010 relating to the consolidated financial statements, financial statement schedule and the effectiveness of internal control over financial reporting, which appears in this Form 10-K. 

 

/s/ PricewaterhouseCoopers LLP 

San Jose, California 

February 19, 2010
<TABLE> <S> <C>

<ARTICLE> 5
<CIK>     0001010579
<NAME>    VIS VIVA CORPORATION
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>               JUN-30-1997
<PERIOD-END>                    JUN-30-1997
<CASH>                                    0                   
<SECURITIES>                         559587               
<RECEIVABLES>                         16444              
<ALLOWANCES>                              0           
<INVENTORY>                               0           
<CURRENT-ASSETS>                     591991                 
<PP&E>                                    0       
<DEPRECIATION>                            0           
<TOTAL-ASSETS>                       591991            
<CURRENT-LIABILITIES>                 61044          
<BONDS>                                   0           
<PREFERRED-MANDATORY>                     0           
<PREFERRED>                               0           
<COMMON>                              12700          
<OTHER-SE>                           518247        
<TOTAL-LIABILITY-AND-EQUITY>         591991            
<SALES>                                   0           
<TOTAL-REVENUES>                      83333                 
<CGS>                                     0           
<TOTAL-COSTS>                             0           
<OTHER-EXPENSES>                      17076          
<LOSS-PROVISION>                          0           
<INTEREST-EXPENSE>                     9335           
<INCOME-PRETAX>                       56922                
<INCOME-TAX>                          10037                
<INCOME-CONTINUING>                       0           
<DISCONTINUED>                            0           
<EXTRAORDINARY>                           0           
<CHANGES>                                 0           
<NET-INCOME>                          46885        
<EPS-PRIMARY>                          0.04          
<EPS-DILUTED>                          0.04      
        

</TABLE>
APPENDIX A: ACTIONS OF THE

APRIL 6, 2020, TELECONFERENCE MEETING OF THE BOARD OF REGENTS

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

of all action items listed therein. [2020.04.01]

VOTED that the Board of Regents approves the minutes of the January 27, 2020,

meeting of the Board of Regents.

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

for appointment or reappointment to eight (8) Smithsonian advisory boards.

VOTED that the Board of Regents approves the proposed amendments to the

bylaws of the National Museum of African American History and Culture Council.

VOTED that the Board of Regents recognizes the generosity of The Andrew W.

Mellon Foundation to the National Museum of African American History and

Culture and names the museum director the Andrew W. Mellon Director.

VOTED that the Board of Regents recognizes the generosity of Disney Worldwide

Services, Inc. and accepts the terms of the sponsorship agreement.

VOTED that the Board of Regents recognizes the generosity of Richard A. Brodie

to the Smithsonian American Art Museum and names the Joanne and Richard

Brodie Gallery for 20 years or until the next comprehensive renovation of the

gallery, whichever occurs later.

VOTED that the Board of Regents recognizes the generosity of James S. and

Elizabeth A. Eisenstein to the Smithsonian American Art Museum and names the

Eisenstein Family Gallery for 20 years or until the next comprehensive

renovation of the Gallery, whichever occurs later.

VOTED that the Board of Regents nominates Franklin D. Raines of Washington, D.C. to fill the 

immediate vacancy as a Citizen Regent on the Board of Regents and to serve a statutory term of 

six years. Furthermore, the Board asks its congressional members to introduce and support 

legislation to this effect. [2020.04.02]

VOTED that the Board of Regents renominates Michael M. Lynton for a second term as a Citizen 

Regent on the Board of Regents. The Congressional Regents are asked to introduce and support 

legislation leading to his reappointment, following approval by the Board of Regents.

[2020.04.03]
Opinion issued May 21, 2024

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-23-00962-CV

———————————

JACOB MAGGARD AND YESSICA MAGGARD, INDIVIDUALLY AND 

AS NEXT FRIENDS OF I.M. (A MINOR), Appellants

V.

MEMORIAL HERMANN HEALTH SYSTEM D/B/A MEMORIAL 

HERMANN TEXAS MEDICAL CENTER AND THE UNIVERSITY OF 

TEXAS HEALTH SCIENCE CENTER AT HOUSTON, Appellees

On Appeal from the 270th District Court

Harris County, Texas

Trial Court Case No. 2023-00701

MEMORANDUM OPINION

Appellants’ brief was due to be filed on January 23, 2024. On February 14, 

2024, the Court issued a notice that the appeal might be dismissed unless 
2

appellants filed a brief or a motion for extension within 10 days of the date of the 

notice. Appellants did not respond or file a brief or motion for extension.

Accordingly, we dismiss the appeal for want of prosecution. See TEX. R.

APP. P. 42.3. Any pending motions are dismissed as moot. 

PER CURIAM

Panel consists of Chief Justice Adams and Justices Kelly and Goodman.
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

TERRY LEE MORRIS,

 Appellant,

v.

THE STATE OF TEXAS,

 

 State.

 

§

§

§

 

§

§

§ 

 

§

'

'

No. 08-16-00153-CR

Appeal from the

396th District Court

of Tarrant County, Texas 

(TC# 1382399D)

 O R D E R

The Court GRANTS the Appellant’s third motion for extension of time to file the brief 

until February 7, 2017. NO FURTHER MOTIONS FOR EXTENSION OF TIME TO FILE THE 

APPELLANT’S BRIEF WILL BE CONSIDERED BY THIS COURT.

It is further ORDERED that the Hon. Lisa Mullen, the Appellant’s Attorney, prepare the 

Appellant’s brief and forward the same to this Court on or before February 7, 2017.

IT IS SO ORDERED this 9

th day of January, 2017.

PER CURIAM

Before McClure, C.J., Rodriguez, and Palafox, JJ.