alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

TRACY A. MCKENZIE,

 Defendant - Appellant.

No. 14-30262

D.C. No. 2:10-cr-00079-RMP-1

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of Washington

Rosanna Malouf Peterson, District Judge, Presiding

Argued and Submitted February 4, 2016

Seattle, Washington

Before: KOZINSKI, O’SCANNLAIN, and GOULD, Circuit Judges.

Rule 36 of the Federal Rules of Criminal Procedure allows a district court to

correct “a clerical error” in a judgment. Fed. R. Crim. P. 36. McKenzie argues

that when the district court entered the judgment in his case, she “erred” by failing

to award him credit for the time he spent in state custody prior to the date he was to

FILED

MAR 01 2016

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.
begin serving his federal sentence. But the district court had no authority to award

McKenzie credit for time served, even had she wanted to; only the Attorney

General, through the Bureau of Prisons, may grant defendants credit for time

served prior to the start of their federal sentences. United States v. Wilson, 503

U.S. 329, 333 (1992); United States v. Peters, 470 F.3d 907, 909 (9th Cir. 2006). 

The district court’s failure to do something she was forbidden from doing was not

an “error”—clerical or otherwise—that can be “corrected” via Rule 36.

That is not to say that McKenzie has no right to judicial process if he

believes he has been wrongly denied credit for time he served prior to the start of

his federal sentence. But Rule 36 is not the proper mechanism to assert his right to

such credit. See United States v. Giddings, 740 F.2d 770, 772 (9th Cir. 1984).

AFFIRMED.

2
H. Res. 599 

In the House of Representatives, U. S., 

September 22, 2009. 

Whereas, since September 21, 1959, Minute Man National 

Historical Park has preserved key sites where the first 

battles of the American Revolutionary War occurred, and 

educated millions of Americans about the extraordinary 

events that led to the birth of the Nation and the ideals 

embodied in those courageous actions; 

Whereas Minute Man National Historical Park encompasses 

more than 1,000 acres in the historic communities of 

Lexington, Lincoln, and Concord that were at the center 

of the American Revolution; 

Whereas the events, places, and people recognized by the 

Minute Man National Historical Park have become enduring testaments to American values and are among the 

most celebrated and cherished symbols in the history of 

the Nation; 

Whereas the Minute Man National Historical Park includes 

multiple sites and landscapes along the route from Boston to Concord, known as the Battle Road, where American Militia and British soldiers fought numerous times 

on April 19, 1775; 

Whereas American militia were first ordered to return British 

fire at Concord’s North Bridge, a heroic action com-
2 

•HRES 599 EH 

memorated by American poet Ralph Waldo Emerson in 

his poem ‘‘The Concord Hymn’’ as the ‘‘shot heard 

’round the world’’; 

Whereas the park celebrates Paul Revere’s legendary ‘‘midnight ride’’ of April 18, 1775, to warn American colonists 

that British soldiers were marching to Concord to destroy 

key military stores; and 

Whereas more than one million Americans from States across 

the Nation and people from around the globe visit Minute 

Man National Historical Park every year to learn about 

the role that these New England communities played in 

the American Revolution: Now, therefore, be it 

Resolved, That it is the sense of the House of Representatives that— 

(1) Minute Man National Historical Park serves an 

essential role in preserving the sites and landscapes in 

New England where the American Revolution began, and 

in educating the public about these historic events; 

(2) Minute Man National Historical Park honors 

and commemorates the ideals of democracy, liberty, and 

freedom that are the foundation of the Nation and 

sources of inspiration for people everywhere; and 

(3) the creation of Minute Man National Historical 

Park 50 years ago represents a remarkable achievement 

that continues to benefit Americans around the Nation, 

to preserve the proud legacy of the American Revolution, 
3 

•HRES 599 EH 

and to serve as an enduring resource for future generations. 

Attest: 

Clerk.
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Notices]
[Page 26176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13086]



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

ENVIRONMENTAL PROTECTION AGENCY
[FRL 5508-7]


Proposed Settlement Agreement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed settlement; Request for public comment.

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

SUMMARY: In accordance with section 113(g) of the Clean Air Act, as 
amended, (``Act''), notice is hereby given of a proposed partial 
consent decree, which was lodged with the United States District Court 
for the District of Columbia by the United States Environmental 
Protection Agency (``EPA'') on May 9, 1996, in a lawsuit filed by the 
Sierra Club Legal Defense Fund. This lawsuit, which was filed pursuant 
to section 304(a) of the Act, 42 U.S.C. Sec. 7604(a), concerns, among 
other things, EPA's alleged failure to meet a mandatory deadline under 
section 112(g) of the Clean Air Act. The proposed partial consent 
decree provides that EPA shall promulgate the guidance identified in 
section 112(g) of the CAA, with respect to constructions and 
reconstructions of major sources of hazardous air pollutants, no later 
than December 15, 1996.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will receive written comments relating to 
the proposed partial consent decree from persons who were not named as 
parties to the litigation in question. EPA or the Department of Justice 
may withhold or withdraw consent to the proposed partial consent decree 
if the comments disclose facts or circumstances that indicate that such 
consent is inappropriate, improper, inadequate, or inconsistent with 
the requirements of the Act. Unless EPA or the Department of Justice 
determines, following the comment period, that consent is 
inappropriate, the final partial consent decree will establish a 
deadline for the promulgation of the guidance provided for in 
Sec. 112(g).
    A copy of the proposed partial consent decree was lodged with the 
Clerk of the United States District Court for the District of Columbia 
on May 9, 1996. Copies are also available from Sonja Lee, Air and 
Radiation Division (2344), Office of General Counsel, U.S. 
Environmental Protection Agency, 401 M Street, S.W., Washington, D.C. 
20460, (703) 235-5330. Written comments should be sent to Jan M. 
Tierney at the address above and must be submitted on or before June 
24, 1996.

    Dated: May 10, 1996.
Scott C. Fulton,
Acting General Counsel.
[FR Doc. 96-13086 Filed 5-23-96; 8:45 am]
BILLING CODE 6560-50-M
Exhibit 32.1
**CERTIFICATION**
The undersigned officer of Imperial Parking Corporation (the “Company”) herebycertifies that the Company’s annual report on Form 10-K for the year endedDecember 31, 2003 (the “Report”), as filed with the Securities and ExchangeCommission on the date hereof, fully complies with the requirements of Section13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, asamended, and that the information contained in the Report fairly presents, inall material respects, the financial condition and results of operations of theCompany. This certification is provided solely pursuant to 18 U.S.C. Section1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, andshall not be deemed to be a part of the Report or “filed” for any purposewhatsoever.        Date: March 24, 2004 /s/ Charles Huntzinger   Chief Executive Officer
#### STATE of Missouri, Plaintiff-Respondent, v. Donald CAMMANN, Defendant-Appellant.

No. 55820.

Missouri Court of Appeals, Eastern District, Division Three.

July 31, 1990.

Susan L. Hogan, Columbia, for defendant-appellant.

William L. Webster, Atty. Gen., Christopher M. Kehr, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

*708ORDER

PER CURIAM.

A jury convicted defendant of offering to commit violence to an officer of a correctional institution, a violation of § 217.385, RSMo 1986 (repealed and reenacted in 1989); and the court sentenced him as a persistent offender to fifteen years’ imprisonment to be served consecutively to any sentences then being served. We affirm. An extended opinion would serve no jurisprudential purpose. The parties have been furnished with a memorandum for their information only setting forth the reasons for our order affirming the judgment pursuant to Rule 30.25(b).
CORE/3505308.0002/141966097.1 

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Carrie M. Francis (020453)

Stefan M. Palys (024752) 

Michael Vincent (029864)

STINSON LEONARD STREET LLP

1850 North Central Avenue, Suite 2100 

Phoenix, Arizona 85004-4584 

Tel: (602) 279-1600 

Fax: (602) 240-6925 

Email: carrie.francis@stinson.com

 stefan.palys@stinson.com

 michael.vincent@stinson.com 

Attorneys for Defendants 

UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA 

Jeremy Thacker, No. 2:18-cv-00063-PHX-DJH

DEFENDANTS’ NOTICE OF 

SERVICE OF RESPONSES TO 

PLAINTIFF’S REQUESTS FOR 

PRODUCTION 

Plaintiff,

v.

GPS Insight, LLC; Robert J. Donat, 

Individually and as Trustee of The 

Robert Donat Living Trust Dated April 

19, 2017; 

Defendants.

Defendants hereby give notice of service yesterday, August 20, 2018, upon 

Plaintiff of Defendants’ responses to Plaintiff’s requests for production served July 18, 

2018. 

RESPECTFULLY SUBMITTED this 21st day of August, 2018. 

STINSON LEONARD STREET LLP 

By: /s/ Michael Vincent 

Carrie M. Francis

Stefan M. Palys 

Michael Vincent

1850 North Central Avenue, Suite 2100

Phoenix, Arizona 85004-4584 

Attorneys for Defendants
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CERTIFICATE OF SERVICE 

I hereby certify that on August 21, 2018, I caused the foregoing document to be 

filed electronically with the Clerk of Court through ECF; and that ECF will send an enotice of the electronic filing to: 

Kraig J. Marton 

Jeffrey A. Silence 

Jaburg & Wilk, P.C. 

3200 N. Central Avenue, 20th Fl 

Phoenix, AZ 85012 

kjm@jaburgwilk.com 

jxs@jaburgwilk.com 

Attorneys for Plaintiff 

Timothy B. O’Connor 

Schneider & Onofry, PC 

365 East Coronado Road 

Phoenix, Arizona 85004 

toconnor@soarizonalaw.com 

Attorneys for Defendant Donat 

/s/ C. Roundtree
```

                                                                    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 of KBL Healthcare Acquisition Corp.
II (the "Company") on Form 10-QSB for the period ending March 31, 2005 (the
"Report"), as filed with the Securities and Exchange Commission on the date
hereof, I Marlene Krauss, M.D., Chief Executive Officer of the Company, certify
pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 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 result of operations of the Company.

By: /s/ Marlene Krauss                                       Dated: June 6, 2005
    -------------------------------
    Marlene Krauss, M.D.
    Chief Executive Officer
    (Principal Executive Officer)
```
**EXHIBIT
      32.1/32.2**




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 International Cellular Accessories
      (the
“Company”) on Form 10-QSB for the quarter ended June 30, 2006 as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), I,
      Clifford Chapman, Chief Executive and 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;
                and




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




A
      signed
      original of this written statement required by Section 906 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.





/s/
      Clifford Chapman_________________


Name:
      Clifford Chapman


Title:
      Chief Executive and Financial Officer


Date:
      August 17, 2006
Exhibit 32.1

                          INTERIM CAPITAL CORPORATION.
                  FORM 10-Q FOR THE QUARTER ENDED JUNE 30, 2006
      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
                  PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Mark Lindberg, certify that

1.       I am the Chief  Executive  Officer and principal  financial  officer of
         Interim Capital Corporation.
2.       Attached to this  certification is Form 10-Q for the quarter ended June
         30, 2006, a periodic report (the "periodic report") filed by the issuer
         with the Securities  Exchange  Commission  pursuant to Section 13(a) or
         15(d) of the Securities and Exchange Act of 1934 (the "Exchange  Act"),
         which contains financial statements.
3.       I hereby  certify,  pursuant  to 18 U.S.C.  Section  1350,  as  adopted
         pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that
                  o        The  periodic   report   containing   the   financial
                           statements  fully complies with the  requirements  of
                           Section 13(a) or 15(d) of the Exchange Act, and
                  o        The   information  in  the  periodic   report  fairly
                           presents,  in all material  respects,  the  financial
                           condition and results of operations of the issuer for
                           the periods presented.


July 24, 2006                                     /s/ Mark Lindberg
                                                 -------------------------------
                                                 Mark Lindberg
                                                 Chief Executive Officer
                                                 and Principal Financial Officer


A signed  original of this  written  statement  required by Section 906 has been
provided to the Company and will be retained by Interim Capital  Corporation and
furnished to the Securities and Exchange Commission or its staff upon request.

This  certification will not be deemed "filed" for purposes of Section 18 of the
Securities  Exchange Act of 1934, or otherwise  subject to the liability of that
section.  This  certification will not be deemed to be incorporated by reference
into any filing under the Securities Act of 1933 or the Securities  Exchange Act
of 1934 even if the document  with which it is submitted to the  Securities  and
Exchange Commission is so incorporated by reference.
EXHIBIT 23


  CONSENT OF BEARD MILLER COMPANY LLP, INDEPENDENT AUDITORS


     We consent to the incorporation by reference in the Registration
Statement (on Form S-3, File No. 333-43576) of Peoples First, Inc. of our
report dated January 10, 2003, with respect to the consolidated financial
statements of Peoples First, Inc. included in this Annual Report (Form 10-
K) for the year-ended December 31, 2002.




                                 /s/ BEARD MILLER COMPANY LLP



Reading, Pennsylvania
March , 2003





03/17/03/SL1 337574v1/33608.001
**Exhibit31.2**

**CERTIFICATIONBY PRINCIPAL FINANCIAL OFFICER**

I, StevenR. Berrard, certify that:

1.  I havereviewed this Quarterly Report on Form 10-Q of Services Acquisition Corp.International;

2.  Based on myknowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

3.  Based on myknowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

4.  Theregistrant’s other certifying officers and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the registrant and we have:

a)  designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designedunder our supervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known to us by otherswithin those entities, particularly during the period in which this report isbeing prepared;

b) evaluated theeffectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

c)  disclosed in this report any change in theregistrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarterin the case of an annual report) that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal control over financialreporting; and

5.  The registrant’sother certifying officers and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (orpersons performing the equivalent functions):

a)  all significant deficiencies and materialweaknesses in the design or operation of internal control  over financial reporting which are reasonablylikely to adversely affect the registrant’s ability to record, process, summarizeand report financial information; and

b)  any fraud, whether or not material, thatinvolves management or other employees who have a significant role in theregistrant’s internal control over financial reporting.
| Date: November 14, 2005 | /s/ Steven R. Berrard |
|-------------------------|-----------------------|
|                    | Name:                 | Steven R. Berrard |
|                    | Title:                | Chief Executive Officer |

 

----
<PAGE>



                                EXHIBIT 10.48

                        REGULATION M REPRESENTATION OF

                          SWARTZ PRIVATE EQUITY, LLC



<PAGE>

                                 UNDERTAKING


     The undersigned, Swartz Private Equity, LLC hereby represents as follows:

     (1) It has been advised of the trading restrictions set forth in
         Regulation M.

     (2) By affixing our signature below Swartz Private Equity hereby agrees
         to abide by the restrictions and prohibitions set forth in
         Regulation M. Swartz further agrees to provide the SEC or any
         related regulatory agency with any and all documentation requested
         documenting its compliance with Regulation M.


SWARTZ PRIVATE EQUITY, LLC

BY:  /s/ E. S.
   -----------------------

   Title:  Manager
         -----------------
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WO 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

United States of America, 

Plaintiff, 

v. 

Steven Lee Snyder, 

Defendant.

No. CR-17-01604-PHX-DJH

DETENTION ORDER 

 On October 30, 2018, Defendant appeared before this Court on a petition for 

revocation of supervised release. The issue of detention was submitted to the Court. The 

Court considered the petition and file in determining whether Defendant should be 

released on conditions set by the Court. 

 The Court finds that Defendant, having previously been convicted and placed on 

supervised release, and having appeared before the Court in connection with a petition to 

revoke his supervised release, has failed to establish by clear and convincing evidence 

that he is not likely to flee or pose a danger to the safety of the community if released 

pursuant to Rule 46(d), and Rule 32.1(a)(6), Federal Rules of Criminal Procedure, and 18 

U.S.C. § 3143. 

 IT IS THEREFORE ORDERED that Defendant be detained pending further 

proceedings. 

 Dated this 30th day of October, 2018. 

Honorable Eileen S. Willett

United States Magistrate Judge