alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
2005 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

12-23-2005

USA v. Lore

Precedential or Non-Precedential: Precedential

Docket No. 03-3043

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2005

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 2005 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"USA v. Lore" (2005). 2005 Decisions. Paper 9.

http://digitalcommons.law.villanova.edu/thirdcircuit_2005/9
UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

 

Nos. 03-3043, 03-3217, 03-4349, 03-4350

 

UNITED STATES OF AMERICA

v.

JOSEPH LORE,

Appellant in No. 03-3043

 

UNITED STATES OF AMERICA

v.

DENISE BOHN,

Appellant in No. 03-3217

 

UNITED STATES OF AMERICA

v.

JOSEPH PELLICCIA,

Appellant in No. 03-4349

 

UNITED STATES OF AMERICA

v.

WILLIAM HURLEY,

Appellant in No. 03-4350

 
2

On Appeal from the United States District Court

for the District of New Jersey

(D.C. Crim. No. 99- cr-00292-4/3/6/5)

Honorable Mary Little Cooper, District Judge

 

Submitted under Third Circuit LAR 34.1(a)

October 28, 2005

BEFORE: SLOVITER, FISHER, and GREENBERG, Circuit Judges

(Filed: December 2, 2005)

 

ORDER AMENDING OPINION

 

It is hereby ordered that the last complete sentence in the first complete paragraph

on page 30 of the slip opinion in this case is deleted. The sentence deleted reads as

follows:

Moreover, notwithstanding the alternative to the loss calculation, the

problem of enhancements based upon facts found by the district court by a

preponderance of the evidence still remains. See Lore App. at 267-77

(district court imposing enhancement for obstruction of justice based upon a

preponderance of the evidence.

By the court,

/s/ Morton I. Greenberg 

 Circuit Judge

DATED: December 23, 2005

DMM/cc: Marc Fernich, Esq.

 Michael P. Koribanics, Esq.

 Mr. Joseph Pelleccia

 Leonard Meyerson, Esq.

 George S. Leone, Esq.

 David B. Lat, Esq.
EXHIBIT 32

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Robert Bamberry, the Chief Executive Officer, President and Secretary and
Chief Financial Officer of MARX TOYS AND ENTERTAINMENT CORP. (the "Company"),
certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C.
Section 1350, that to the best of my knowledge:

(1) the Annual Report on Form 10-KSB of the Company for the fiscal year ended
March 31, 2003, (the "Report") fully complies with the requirements of Section
13 (a) or 15 (d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or
78o(d)); 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:      May 19, 2004


--------------------------
Robert Bamberry,
President/Secretary,
Chief Financial Officer

                                       27
<PAGE>

                                 EXHIBIT 23.1

                      CONSENT OF INDEPENDENT ACCOUNTANTS


We hereby consent to the incorporation by reference in the Registration
Statement on Form S-8 (Nos. 333-11281, 333-17593,333-29787, 333-39693,
333-52357, 333-79599, 333-87635, 333-89891, 333-51380, 333-57698, and 333-67292)
and Form S-3 (No. 333-36557) of PTEK Holdings, Inc. of our report dated February
28, 2002, except as to the subsequent event described in Note 23 which is dated
as of March 28, 2002, relating to the financial statements, which appears in
this Form 10-K.


/s/ PriceWaterhouseCoopers LLP


March 29, 2002
#### John A. Thompson, Respondent, v. Rowland W. Hazard, Appellant.

Judgment affirmed, with costs. Opinion by

Landon, J.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 07-4095

UNITED STATES OF AMERICA, Plaintiff - Appellee,
versus JULIE POLICANO, a/k/a Julie Ferguson, Defendant - Appellant.
Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. Irene M. Keeley, Chief District Judge. (1:06-cr-00066-IMK) Submitted: September 5, 2007 Decided: November 19, 2007 Before WILKINSON, KING, and SHEDD, Circuit Judges. Dismissed in part; affirmed in part by unpublished per curiam opinion. Hiram C. Lewis, IV, LEWISLAW, Morgantown, West Virginia, for Appellant. David Earl Godwin, Assistant United States Attorney, Clarksburg, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit.- 2 - PER CURIAM: Julie Policano appeals her conviction and 110-month sentence following her guilty plea to conspiracy to possess with intent to distribute and to distribute in excess of five grams of cocaine base, in violation of 21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(B) (2000). The Government filed a motion to dismiss based upon the waiver of appellate rights to which Policano agreed as a part of her plea agreement. We conclude that Policano’s appellate waiver is valid and encompasses her sentencing claim regarding the district court’s consideration of her objections to the presentence report. We therefore grant in part the Government’s motion to dismiss, and we dismiss the portion of the appeal related to Policano’s sentence. With respect to Policano’s claims that the district court erred in accepting her guilty plea and violated her Sixth Amendment rights during the sentencing hearing, we have reviewed those claims as well and find them to be without merit. Accordingly, although we deny the motion to dismiss the appeal as to Policano’s conviction,
see United States v. Attar , 38 F.3d 727, 732-33 & n.2 (4th Cir. 1994), we affirm the conviction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED IN PART ; AFFIRMED IN PART
<PAGE>   1

                                                                 Exhibit 10 (vi)

                [CHRYSALIS INTERNATIONAL CORPORATION LETTERHEAD]

                                January 20, 1999

Mr. John G. Cooper
22 Zinnia Drive
Newton, PA  18940

Dear Mr. Cooper:

            Reference is hereby made to that certain letter agreement, dated May
29, 1996 (the "Letter Agreement"), between Chrysalis International Corporation
(the "Company") and you regarding the terms of your employment with the Company.
This letter hereby amends the Letter Agreement as follows:

            Section 4(b)(1) of the Letter Agreement is hereby amended and
restated to read as follows:

            "(1)  biweekly severance payments at the rate of your base salary at
                  the time of termination for a period of 12 months regardless
                  of your employment status; provided however, that if the
                  merger contemplated by the Agreement and Plan of Merger, dated
                  November 18, 1998, among the Company, Phoenix International
                  Life Sciences Inc. and Phoenix Merger Sub. Corp. is
                  consummated, a payment equal to the aggregate of one year's
                  base salary in effect at the time of termination;"

            Section 4(b)(4) of the Letter Agreement is hereby amended and
restated to read as follows:

            (4)   Amendments to all stock options granted to you and that have
                  not expired or terminated by their terms prior to the date
                  your employment is terminated by the Company to provide that
                  each such stock option shall be exercisable for a period
                  commencing on the date of termination of employment by the
                  Company and ending on the earlier to occur of (a) 18 months
                  after the date of termination, or (b) (i) the tenth
                  anniversary of the date of grant of such stock option

<PAGE>   2

Mr. John G. Cooper
January 20, 1999
Page 2

                  if such stock option was not granted under the Company's 1988
                  Stock Option Plan or was not amended by the Compensation
                  Committee of the Company's Board of Directors on November 15,
                  1998, or (ii) the date occurring ten years and two months
                  after the date of grant of such stock option if such stock
                  option was granted under the Company's 1988 Stock Option Plan
                  and such option was amended by the Compensation Committee of
                  the Company's Board of Directors on November 15, 1998.

            Please acknowledge your agreement to the terms of this letter by
executing this letter in the space indicated below.

                                        Sincerely,


                                        /s/  Paul J. Schmitt
                                        Paul J. Schmitt
                                        President

AGREED TO AND ACCEPTED

/s/ John G. Cooper
--------------------------
John G. Cooper
| Skip to contentSocial Security Online | Actuarial Publications |
|---------------------------------------|------------------------|

| www.socialsecurity.gov | Home  FAQs  Contact Us  Search | **Search**  |
|------------------------|-----------------------------------------------------------------|------------------|

| Solvency provisions | Summary Measures and GraphsUpdated May 3, 2006   |
|---------------------|-------------------------------------------------------|

| Payroll Tax Rates | Description of Proposed Provision:      Raise payroll tax rates (for employees and employers combined) by 2.1 percentage points in 2020 (to 14.5% combined) and by an additional 2.1 percentage points in 2050 (to 16.6% combined) |
|-------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                   |

*Estimates based on the intermediate assumptions        of the 2005 Trustees Report*

|  |  |
|--|--|

|        |
|--------|
|   | Privacy Policy      | Website Policies        & Other Important Information      | Site Map |
[Federal Register Volume 60, Number 30 (Tuesday, February 14, 1995)]
[Notices]
[Page 8440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3578]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Office of Thrift Supervision


Carteret Federal Savings Bank of New Jersey; Notice of 
Appointment of Receiver

    Notice is hereby given that, pursuant to the authority contained in 
Section 5 (d)(2) of the Home Owners' Loan Act, the Office of Thrift 
Supervision has duly appointed the Resolution Trust Corporation as sole 
Receiver for Carteret Federal Savings Bank of New Jersey, Newark, New 
Jersey, on January 20, 1995.

    Dated: February 8, 1995.

    By the Office of Thrift Supervision.
Nadine Y. Washington,
Corporate Secretary.
[FR Doc. 95-3578 Filed 2-13-95; 8:45 am]
BILLING CODE 6720-01-M
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S CONDENSED CONSOLIDATED BALANCE SHEET AS OF APRIL 30, 1998 AND
CONDENSED CONSOLIDATED STATEMENT OF OPERATIONS FOR THE TWELVE MONTHS ENDED
APRIL 30, 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>                          APR-30-1998
<PERIOD-START>                             MAY-01-1997
<PERIOD-END>                               APR-30-1998
<CASH>                                           5,279
<SECURITIES>                                     5,460
<RECEIVABLES>                                    6,131
<ALLOWANCES>                                       563
<INVENTORY>                                          0
<CURRENT-ASSETS>                                17,086
<PP&E>                                           6,543
<DEPRECIATION>                                   4,618
<TOTAL-ASSETS>                                  19,099
<CURRENT-LIABILITIES>                           10,525
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        53,482
<OTHER-SE>                                    (45,187)
<TOTAL-LIABILITY-AND-EQUITY>                    19,099
<SALES>                                         24,809
<TOTAL-REVENUES>                                24,809
<CGS>                                            5,036
<TOTAL-COSTS>                                   22,122
<OTHER-EXPENSES>                                 (231)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 113
<INCOME-PRETAX>                                (2,231)
<INCOME-TAX>                                       182
<INCOME-CONTINUING>                            (2,413)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,413)
<EPS-PRIMARY>                                   (0.29)
<EPS-DILUTED>                                   (0.29)
        

</TABLE>
CERTIFICATION 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 Nittany Financial Corp. (the Company)
on Form 10-QSB for the period ending March 31, 2004 as filed with the Securities
and Exchange Commission on the date hereof (the report),  we, David Z. Richards,
President,  and Gary M. Bradley,  Vice President and Chief  Accounting  Officer,
certify,  pursuant to 18 U.S.C.  ss. 1350, as adopted pursuant to ss. 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 operations of the
Company.




/s/ David Z. Richards                /s/ Gary M. Bradley
---------------------                -------------------------------------------
David Z. Richards                    Gary M. Bradley
President                            Vice President and Chief Accounting Officer



August 13, 2004




A signed  original of this  written  statement  required by Section 906 has been
provided to Nittany  Financial  Corp. and will be retained by Nittany  Financial
Corp. and furnished to the Securities and Exchange  Commission or its staff upon
request
| Skip to contentSocial Security Online | Actuarial Publications |
|---------------------------------------|------------------------|

| www.socialsecurity.gov | Home  FAQs  Contact Us  Search | **Search**  |
|------------------------|-----------------------------------------------------------------|------------------|

| Solvency provisions | Summary Measures and Graphs |
|---------------------|-----------------------------|

| Payroll Taxes (including maximum taxable) | Description of Proposed Provision:      Impose a 3 percent payroll tax on OASDI covered earnings above the current taxable maximum starting in 2010. Benefit computations would not reflect any earnings above the taxable maximum amount. |
|-------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                                           |

*Estimates based on the intermediate assumptions        of the 2009 Trustees Report*

|  |  |
|--|--|

|        |
|--------|
|   | Privacy Policy      | Website Policies        & Other Important Information      | Site Map     Last reviewed or modified August 31, 2009 |
### Proposed Provision: B7.3. Give credit to parents with a child under 6 for earnings for up to five years. The earnings credited for a childcare year equal one half of the SSA average wage index (about $33,074 in 2023). The credits are available for all past years to newly eligible retired-worker and disabled-worker beneficiaries starting in 2024. The 5 years are chosen to yield the largest increase in AIME.
[Federal Register Volume 60, Number 27 (Thursday, February 9, 1995)]
[Notices]
[Pages 7764-7765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3194]



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

DEPARTMENT OF ENERGY
[Docket No. MT95-5-000]


Transcontinental Gas Pipe Line Corp.; Notice of Proposed Changes 
in FERC Gas Tariff

February 3, 1995.
    Take notice that on January 31, 1995, Transcontinental Gas Pipe 
Line Corporation (TGPL) tendered for filing certain revised tariff 
sheets to its FERC Gas Tariff, Third Revised Volume No. 1, which tariff 
sheets are enumerated in Appendix A attached to the filing. Such tariff 
sheets are proposed to be effective on February 1, 1995.
    TGPL states that the purpose of the instant filing is to revise 
currently effective tariff provisions to comport with the requirements 
of Order Nos. 566 and 566-A. TGPL has requested a waiver of the notice 
requirements of Section 154.22 of the Commission's Regulations to the 
extent necessary to permit the tariff sheets to become effective 
February 1, 1995.
    TGPL states that copies of the filing are being mailed to each of 
its customers, State Commissions and other interested parties.
    Any person desiring to protest said filing should file a protest 
with the Federal Energy Regulatory Commission, 825 North Capitol 
Street, N.E., Washington, D.C. 20426, in accordance with Section 
385.211 of the Commission's Rules and Regulations. All such protests 
should be filed on or before February 10, 1995. Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceeding. Copies of this filing are on file with the Commission and 
are available for public [[Page 7765]] inspection in the Public 
Reference Room.
Lois D. Cashell,
Secretary.
[FR Doc. 95-3194 Filed 2-8-95; 8:45 am]
BILLING CODE 6717-01-M
II 

Calendar No. 686 

117TH CONGRESS 

2D SESSION S. 3370 

[Report No. 117–284] 

To release the reversionary interest of the United States in certain nonFederal land in Salt Lake City, Utah, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 9, 2021 

Mr. LEE (for himself and Mr. ROMNEY) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

DECEMBER 20, 2022 

Reported by Mr. MANCHIN, without amendment 

A BILL 

To release the reversionary interest of the United States 

in certain non-Federal land in Salt Lake City, Utah, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘University of Utah 

5 Research Park Act’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 3370 RS

1 SEC. 2. RELEASE OF REVERSIONARY INTEREST OF THE 

2 UNITED STATES IN NON-FEDERAL LAND IN 

3 SALT LAKE CITY, UTAH. 

4 (a) RELEASE.—There is released to the University of 

5 Utah, without consideration, the reversionary interest of 

6 the United States in the non-Federal land described in 

7 subsection (b). 

8 (b) DESCRIPTION OF NON-FEDERAL LAND.—The 

9 non-Federal land referred to in subsection (a) is the ap10 proximately 593 acres of land of the University of Utah— 

11 (1) identified in the patent— 

12 (A) numbered 43–99–0012; and 

13 (B) dated October 18, 1968; and 

14 (2) more particularly described as tracts D (ex15 cluding the parcels numbered 1, 2, 3, 4, and 5), G, 

16 and J, T. 1 S., R. 1 E., Salt Lake Meridian. 


kjohnson on DSK79L0C42PROD with BILLS

kjohnson on DSK79L0C42PROD with BILLS
Calendar No. 686 

117TH CONGRESS 

2D SESSION S. 3370 

[Report No. 117–284] 

A BILL 

To release the reversionary interest of the United 

City, Utah, and for other purposes. States in certain non-Federal land in Salt Lake 

DECEMBER 20, 2022 

Reported without amendment 


kjohnson on DSK79L0C42PROD with BILLS
[Federal Register Volume 60, Number 33 (Friday, February 17, 1995)]
[Notices]
[Page 9397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4031]



=======================================================================
-----------------------------------------------------------------------

INTERSTATE COMMERCE COMMISSION


Availability of Environmental Assessments

    Pursuant to 42 U.S.C. 4332, the Commission has prepared and made 
available environmental assessments for the proceedings listed below. 
Dates environmental assessments are available are listed below for each 
individual proceeding.
    To obtain copies of these environmental assessments contact Ms. 
Tawanna Glover-Sanders, Interstate Commerce Commission, Section of 
Environmental Analysis, Room 3219, Washington, DC 20423, (202) 927-
6203.
    Comments on the following assessment are due 15 days after the date 
of availability:
    AB-290 (Sub-No. 157X), Norfolk Southern Railway Company--
Abandonment--Between Alston and Prosperity, South Carolina. EA 
available 2/3/95.
    AB-101 (Sub-No. 11X), Duluth, Missabe and Iron Range Railroad 
Company--Abandonment in St. Louis County, MN. EA available 2/3/95.
    AB-43 (SUB-NO. 167X), Illinois Central Railroad Company--
Abandonment Exemption--in St. Tammany Parish and Washington Parish, LA. 
EA available 2/10/95.
    AB-55 (Sub-No. 81X), The Atchison, Topeka and Santa Fe Railway 
Company Exempt Abandonment of 1.6 Miles of Right-of-Way at Arkansas 
City Cowley County, Kansas. EA available 2/10/95. Comments on the 
following assessment are due 30 days after the date of availability:
    AB-167 (SUB-NO. 1145X), Consolidated Rail Corporation--Abandonment 
Exemption--In Philadelphia County, Pennsylvania. EA available 2/6/95.
    AB-433, Idaho Northern & Pacific Railroad Company--Abandonment--In 
Wallowa and Union Counties, Oregon. EA available 2/8/95.
    AB-55 (Sub-No. 497X), CSX Transportation, Inc.--Abandonment in 
Allegany County, MD and Mineral County, WV. EA available 1/31/95.
    AB-427X, Crystal City Railroad, Inc.--Abandonment Exemption--
between west of Gardendale and Crystal City and between Crystal City 
and Carrizo Springs, in LaSalle, Zavala and Dimmit Counties, TX; and
    AB-428X, Texas Railroad Switching, Inc.--Discontinuance of Service 
Exemption--between west of Gardendale and Crystal City and between 
Crystal City and Carrizo Springs, in LaSalle, Zavala and Dimmit 
Counties. EA available 2/10/95.
Vernon A. Williams,
Secretary.
[FR Doc. 95-4031 Filed 2-16-95; 8:45 am]
BILLING CODE 7035-01-P