alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Pursuant to 5TH CIR. R. 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should not be published and is not precedent except under the limited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 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-40835

Summary Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

DANNIE INGRAM

Defendant-Appellant

Appeal from the United States District Court

for the Eastern District of Texas

No. 6:01-CR-31-4

Before HIGGINBOTHAM, BARKSDALE, and ELROD, Circuit Judges.

PER CURIAM:*

Dannie Ingram pleaded guilty in 2001 pursuant to a written plea

agreement to one count of possession with intent to distribute and distribution

of cocaine base (crack cocaine) in violation of 21 U.S.C. § 841(a)(1), and he was

sentenced to a 198-month term of imprisonment. He appeals the district court’s

United States Court of Appeals

Fifth Circuit

F I L E D

May 15, 2009

Charles R. Fulbruge III

Clerk
No. 08-40835

U.S. v. Boe, 117 F.3d 830, 831 (5th Cir. 1997). 1

U.S. v. Gonzalez-Balderas, 105 F.3d 981, 982 (5th Cir. 1997) (emphasis 2

added).

See U.S. v. Burns, 526 F.3d 852, 861 (5th Cir. 2008). 3

See § 3582(c)(2). 4

denial of his 18 U.S.C. § 3582(c)(2) motion for a reduction of sentence. We

review the denial of a § 3582 motion for abuse of discretion. 

1

Ingram’s argument that the district court should be able to exercise Booker

discretion to resentence him rests on the false premise that § 3582 applies to his

situation at all. “Section 3582(c)(2) permits a district court to reduce a term of

imprisonment when it is based upon a sentencing range that has subsequently

been lowered by an amendment to the Guidelines, if such a reduction is

consistent with the policy statements issued by the Sentencing Commission.”2

This statute clearly is inapplicable to Ingram, whose sentencing range has not

subsequently been lowered by Guidelines amendment. Amendment 706 reduced

the base offense levels set forth in U.S.S.G. § 2D1.1(c) applicable to most crack

cocaine offenses. But a reduction in Ingram’s base offense level under § 2D1.1 3

pursuant to Amendment 706 would not affect his guidelines range because the

range was calculated under § 4B1.1, the career offender guideline. Because

Ingram’s guidelines range was not derived from the quantity of crack cocaine

involved in the offense, he was not sentenced based on a sentencing range that

was subsequently lowered by the Sentencing Commission. 

4

The district court did not abuse its discretion in denying Ingram’s motion

for a reduction of sentence. Its judgment is AFFIRMED, the Government’s

motion for summary affirmance is GRANTED, and the Government’s motion for

an extension of time is DENIED as moot.
**EXHIBIT32.01**

**Section 1350 Certification**

In connection with thisquarterly report of ML Appleton FuturesAccess LLC (the “Company”) on Form 10-Qfor the period ended June 30, 2006 as filed with the Securities ExchangeCommission on the date hereof (this “Report”), I, Benjamin Weston, ChiefExecutive Officer and President of the Company, certify, pursuant to 18 U.S.C.Section 1350, as adopted pursuant of the Sarbanes-Oxley Act of 2002, that:

1. This Report fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

2. The informationcontained in this Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 
| Date: August 14, 2006                  |
|----------------------------------------|
|                                   |   |
| By                                     | /s/ BENJAMIN  WESTON |   |
| Benjamin Weston                        |
| Chief Executive  Officer and President |
| (Principal  Executive Officer)         |
|                                        |  |  |  |

 

----
**Exhibit
      32.2**





Certification
      Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. §1350)





I,
      Michael A. Reisner, Director, Executive Vice President and Chief Financial
      Officer (Principal Financial and Accounting Officer) of ICON Capital Corp.,
      the
      Manager of the Registrant, in connection with the Quarterly Report of ICON
      Leasing Fund Eleven, LLC (the "LLC") on Form 10-Q for the period ended March
      31,
      2007, as filed with the Securities and Exchange Commission on the date hereof
      (the "Quarterly Report") certify, pursuant to Section 906 of the Sarbanes-Oxley
      Act of 2002, that, to the best of my knowledge:





1.  The
      Quarterly 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); and





2.  The
      information contained in the Quarterly Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      LLC.








Dated: *May
      21, 2007*





*/s/
      Michael A. Reisner*


Michael
      A. Reisner


Executive
      Vice President and Chief Financial Officer


(Principal
      Financial and Accounting Officer)


ICON
      Capital Corp.


Manager
      of ICON Leasing Fund Eleven, LLC
EXHIBIT 32.2




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 Brooklyn Federal Bancorp, Inc. (the “Company”) on Form 10-Q for the quarter ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Michael A. Trinidad, Vice President and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 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 as amended; 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:  June 29, 2011


/s/  Michael A. Trinidad


Michael A. Trinidad


Senior Vice President and Chief Financial Officer
#### Gerry S. ENGER, Plaintiff-Respondent, v. Daniel LUEPKE, d/b/a Mid-America Outdoorsman Association, Defendant/Appellant.

No. 64817.

Missouri Court of Appeals, Eastern District, Division Five.

June 28, 1994.

Henry F. Luepke, St. Louis, for appellant.

Gerry S. Enger, pro se.

Before GARY M. GAERTNER, C.J., and PUDLOWSKI and SIMON, JJ.

*ORDER*

PER CURIAM.

Appellant, Daniel Luepke, appeals from an order entered in the Circuit Court of the County of St. Charles requiring him to refund $300.00 to respondent, Gerry S. Enger, *520on a membership purchased by respondent in appellant’s hunt club. We affirm.

We have reviewed the briefs and arguments of the parties, as well as the transcripts and the legal file, and find no clear error in the findings of fact and conclusions of law of the trial court. In addition, we find that no jurisprudential purpose would be served by a written opinion. We, therefore, affirm the judgement of the trial court pursuant to Rule 84.16(b). The parties have been provided with a memorandum, solely for their own information, setting forth the reasons for our decision.
This section of the FEDERAL REGISTER

contains editorial corrections of previously

published Presidential, Rule, Proposed Rule,

and Notice documents. These corrections are

prepared by the Office of the Federal

Register. Agency prepared corrections are

issued as signed documents and appear in

the appropriate document categories

elsewhere in the issue.

Corrections Federal Register

24533

Vol. 61, No. 95

Wednesday, May 15, 1996

EXECUTIVE OFFICE OF THE

PRESIDENT

Office of Management and Budget

Unified Agenda of Federal Regulatory

and Deregulatory Actions

Correction

In the Unified Agenda of Federal

Regulatory and Deregulatory Actions

published in the issue of Monday, May

13, 1996, Book 2, make the following

corrections:

In proposed rule document 96–12159

appearing on the back of the inside

cover page, the page number should be

‘‘22701’’ and the FR Doc. line and

billing code were inadvertently omitted

and should read as set forth below:

[FR Doc. 96-12159 Filed 5-10-96; 10:36 am]

BILLING CODE 3110-01-P

BILLING CODE 1505–01–D

FEDERAL ELECTION COMMISSION

11 CFR Part 110

[Notice 1996-11]

Candidate Debates and News Stories

Correction

In rule document 96–10038 beginning

on page 18049, in the issue of

Wednesday, April 24, 1996, make the

following corrections:

1. On page 18050, in the 1st column,

in the 1st full paragraph, in the 12th

line, ‘‘express’’ should read

‘‘expressed’’.

§110.13 [Corrected]

2. On page 18051, in the third

column, in §110.13 (a)(2), in the third

line from the top, after the word ‘‘are’’

insert ‘‘not’’.

BILLING CODE 1505–01–D

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 96-AGL-4]

Establishment of Class E Airspace;

Menomonie, WI

Correction

In proposed rule document 96–10967

beginning on page 19592 in the issue of

Thursday, May 2, 1996, make the

following correction:

On page 19592, in the third column,

in the SUMMARY, in the sixth line,

‘‘???’’ should read ‘‘approach’’.

BILLING CODE 1505–01–D

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 121

[Docket No. 27264]

RIN 2120-AF96

The Age 60 Rule

Correction

In proposed rule document 96–9991

beginning on page 18099 in the issue of

Wednesday, April 24, 1996, make the

following correction:

On page 18099, in the third column,

in the SUPPLEMENTARY

INFORMATION, in the 2d paragraph, in

the 14th line, ‘‘into’’ should read ‘‘not’’.

BILLING CODE 1505–01–D
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, Corbin R. Davis, 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.

 _________________________________________

 Clerk

April 1, 2013

t0325

Order 

April 1, 2013

146416

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 146416

COA: 307000 

Ingham CC: 10-000568-FC

RAYNADA JONES,

Defendant-Appellant. 

_________________________________________/

On order of the Court, the application for leave to appeal the November 20, 2012 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court.

CAVANAGH, J., would grant leave to appeal.
S T A T E O F M I C H I G A N

S U P R E M E C O U R T

144072(80)

ITALO PARISE,

Plaintiff-Appellant,

v

DETROIT ENTERTAINMENT, LLC

Defendant-Appellee.

________________________________

STATEMENTS REGARDING RULING ON MOTION FOR DISQUALIFICATION

JANUARY 19, 2012

YOUNG, C.J. I deny plaintiff’s renewed motion seeking my disqualification. I 

deny plaintiff’s additional claim regarding the alleged donations made to Candice Miller 

for Congress, followed by Candice Miller for Congress’ alleged donations to the 

Michigan Republican Party, followed by the alleged donation by the Michigan 

Republican Party to my Supreme Court campaign in 2010. Even if true, this new 

allegation is one degree of separation further than the subject matter of the previous 

motion for disqualification. Accordingly, it too is insufficient to give rise to an 

appearance of impropriety. Moreover, plaintiff’s allegations regarding professional and 

consulting relationships, even if true, are too attenuated to give rise to an appearance of 

impropriety. Plaintiff still does not claim that I am actually biased for or against either 

party in this matter. Because I am not biased for or against either party in this matter, I 

deny plaintiff’s motion seeking my disqualification.

MARY BETH KELLY, J. I deny plaintiff’s motion seeking my disqualification. 

Plaintiff’s allegation that Candice Miller for Congress contributed donations to the 
2

Michigan Republican Party, which then allegedly made donations to my 2010 Supreme 

Court campaign, is insufficient to give rise to an appearance of impropriety. 

Additionally, plaintiff has not raised any specific allegation that I am biased against either 

party in this matter. Accordingly, because I am not actually biased for or against either 

party, and because plaintiff has not alleged a sufficient basis demonstrating an 

appearance of impropriety, I deny plaintiff’s motion for my disqualification.
[Federal Register Volume 61, Number 91 (Thursday, May 9, 1996)]
[Notices]
[Page 21157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11630]



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

DEPARTMENT OF COMMERCE
[Docket 35-96]


Foreign-Trade Zone 185--Culpeper County, Virginia Application for 
Expansion

    An application has been submitted to the Foreign-Trade Zones Board 
(the Board) by the Culpeper County Chamber of Commerce, Inc., grantee 
of Foreign-Trade Zone 185, requesting authority to expand its zone in 
Culpeper County, Virginia, within the Front Royal Customs port of 
entry. The application was submitted pursuant to the provisions of the 
Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-81u), and the 
regulations of the Board (15 CFR Part 400). It was formally filed on 
April 26, 1996.
    FTZ 185 was approved on May 22, 1992 (Board Order 578, 57 FR 23385, 
6/3/82). The zone project currently consists of a site at the Montanus 
Trade Center (80 acres), located on Route 29 at Route 666 in Culpeper 
County.
    The applicant is now requesting authority to expand the general-
purpose zone to include an additional site at the Culpeper County 
Industrial Airpark (104 acres) located adjacent to the Culpeper County 
Airport, Route 29 North within the City of Elkwood, Virginia, eight 
miles north of the town limits of the Town of Culpeper. The Airpark is 
owned and operated by the County as an economic development project, 
with certain parcels having been sold to individual companies.
    No specific manufacturing requests are being made at this time. 
Such requests would be made to the Board on a case-by-case basis.
    In accordance with the Board's regulations, a member of the FTZ 
Staff has been designated examiner to investigate the application and 
report to the Board.
    Public comment (original and 3 copies) is invited from interested 
parties. Submissions (original and 3 copies) shall be addressed to the 
Board's Executive Secretary at the address below. The closing period 
for their receipt is July 23, 1996. Rebuttal comments in response to 
material submitted during the foregoing period may be submitted during 
the subsequent 15-day period (to July 23, 1996.).
    A copy of the application and accompanying exhibits will be 
available for public inspection at each of the following locations:

Culpeper County Chamber of Commerce, 133 West Davis Street, Culpeper, 
Virginia 22701
Office of the Executive Secretary, Foreign-Trade Zones Board, U.S. 
Department of Commerce, Room 3716, 14th & Pennsylvania Avenue, NW 
Washington, DC 20230

    Dated: May 2, 1996.
John J. Da Ponte, Jr.,
Executive Secretary.
[FR Doc. 96-11630 Filed 5-8-96; 8:45 am]
BILLING CODE 3510-DS-P
EXHIBIT
10.01





PROMISSORY
NOTE





$10,000.00                                                                                                     DATE:  February
27, 2007





FOR VALUE RECEIVED, the undersigned,
jointly and severally, promise to pay to the order of ANTHONY B. ESCOBAR, Ten
Thousand ......... DOLLARS ($10,000.00), together with interest from date at the rate
of Four and a half percent (4.5%) per annum on the unpaid principal, said
principal and interest payable as follows:





The
interest shall be paid yearly with an anniversary date of February
27.  Due and payable as follows:





$
            450.00
            
            Interest
      due February 27, 2008$
            450.00
            
            Interest
      due February 27, 2009$
            10,450.00
            
            Principal
      and Interest due February 27, 2010





The
entire principal balance, together with any unpaid interest shall be due and
payable in full, February 27, 2010.





This Note
may be paid in full or in part at any time without penalty.  Each
payment shall be applied first to accrued interest and the balance to the
reduction of principal.  Any amount not paid in full as of February
27, 2010 shall bear interest thereafter at the rate of Eighteen percent (18.0%)
per annum until paid.





If this
Note is collected by an attorney after default in the payment of principal or
interest, either with or without suit, the undersigned, jointly and severally,
agree to pay all costs and expenses of collection including a reasonable
attorney’s fee.





The
makers, sureties, guarantors and endorsers hereof severally waive presentment
for payment, demand and notice of dishonor and nonpayment of this Note, and
consent to any and all extensions of time, renewals, waivers or modifications
that may be granted by the holder hereof with respect to the payment or other
provisions of this note, and to the release of any security, or any part
thereof, with or without subsititution.





/s/
      Anthony P. ColettiTrafalger
      Resources, Inc.Anthony
      P. Coletti, Director





READ AND
APPROVED BY THE UNDERSIGNED:





/s/
      Anthony B. EscobarAnthony
      B. Escobar
EXHIBIT
31.1
 
 Certifications
 
 I,
Michael J. Bongiovanni, President, and Chief Executive Officer certify
that:
 
 1. I have
reviewed this quarterly report on Form 10-Q of BMX Development Corp. (FKA
Biometrix International, Inc.)
 
 2. Based
on my knowledge, the 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 quarterly report;
 
 3. Based
on my knowledge, the consolidated financial statements, and other consolidated
financial information included in this quarterly report, fairly present in all
material respects the consolidated financial condition, consolidated results of
operations and cash flows of the registrant as of, and for, the periods
presented in this quarterly report;
 
 4. The
registrant's other certifying officers and I am responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules
13a-15(c) and 15d-(e)) for the registrant and have:
 
 a) Designed
such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, to ensure that material
information relating to the Registrant, including its consolidated subsidiaries,
is made known to us by others within those entities, particularly during the
period in which this report is being prepared;
 
 b) Evaluated
the effectiveness of the Registrant's disclosure controls and procedures, and
presented in this report our conclusions about the effectiveness of the
disclosure controls and procedures, as of the end of the period covered by this
report based on such evaluation; and
 
 c) Disclosed
in this report any change in the Registrant's internal control over financial
reporting that occurred during the Registrant's most recent fiscal period that
has materially affected, or is reasonably likely to materially affect, the
Registrant's internal control over financial reporting; and
 
 5. The
registrant's other certifying officers and I have disclosed, based on our most
recent evaluation, to the registrant's auditors and the audit committee of the
registrant's board of directors (or persons performing the equivalent
functions):
 
 a) all
significant deficiencies in the design or operation of internal controls which
could adversely affect the registrant's ability to record, process, summarize
and report consolidated financial data and have identified for the registrant's
auditors any material weaknesses in internal controls (all of which do not
apply); and
 
 b) any
fraud, whether or not material, that involves management or other employees who
have a significant role in the registrant's internal controls, (all of which do
not apply).
 
 Date:
August 7, 2008
 
 
 /s/
Michael J. Bongiovanni
 Michael
J. Bongiovanni
EXHIBIT 32


                      CERTIFICATION PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002

         The undersigned, Justin M. MacIntosh, Chief Executive Officer, and
David C. Carlson, Chief Financial Officer, of CorVu Corporation, certify that:

         1. We have reviewed this annual report on Form 10-KSB/A-1 for the year
ended June 30, 2004 of CorVu Corporation;

         2. Based on our knowledge, this annual 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
annual report; and

         3. Based on our knowledge, the financial statements, and other
financial information included in this annual 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 annual report.

         Date:  January 12, 2005


                                               /s/ Justin M. MacIntosh
                                               ---------------------------------
                                               Justin M. MacIntosh
                                               Chief Executive Officer



                                               /s/ David C. Carlson
                                               ---------------------------------
                                               David C. Carlson
                                               Chief Financial Officer
Exhibit 32.1



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 on Form 10-Q of Four Rivers BioEnergy Inc. (the Company) for the quarterly period ended January 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the Report), Stephen Padgett, as Chief Executive Office of the Company, and Martin Thorp, as Chief Financial Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that, to the best of each such officers knowledge:



(1)           The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and



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





|    |                                        
|--- | ---------------------------------------
|By: | /s/ Stephen Padgett                    
|    | Stephen Padgett
Chief Executive Officer



Date: March 17, 2011





|    |                                     
|--- | ------------------------------------
|By: | /s/ Martin Thorp                    
|    | Martin Thorp
Chief Financial Officer



Date: March 17, 2011





This certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.



A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.