alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court of Appeals For the Eighth Circuit

___________________________

No. 22-2411

___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee

v. Antone Costa lllllllllllllllllllll Defendant - Appellant

____________ Appeal from United States District Court for the Western District of Arkansas - Hot Springs

____________ Submitted: October 28, 2022 Filed: November 2, 2022 [Unpublished]

____________ Before ERICKSON, GRASZ, and STRAS, Circuit Judges.

____________ PER CURIAM. Antone Costa directly appeals the sentence imposed by the district court 1 after he pleaded guilty to a drug offense and related firearm charge pursuant to a written

1 The Honorable Susan O. Hickey, Chief Judge, United States District Court for the Western District of Arkansas.plea agreement containing an appeal waiver. His counsel has filed a brief under

Anders v. California, 386 U.S. 738 (1967), in which he challenges the reasonableness of the sentence, but does not seek leave to withdraw. We conclude that the appeal waiver is enforceable. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review of validity and applicability of appeal waiver). Our review of the record demonstrates that Costa entered into the plea agreement and the appeal waiver knowingly and voluntarily, his challenge to the sentence falls within the scope of the waiver, and no miscarriage of justice would result from enforcing the waiver. See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (appeal waiver will be enforced if appeal falls within scope of waiver, defendant knowingly and voluntarily entered into plea agreement and waiver, and enforcing waiver would not result in miscarriage of justice). We have also independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal outside the scope of the waiver. Accordingly, we dismiss the appeal based on the appeal waiver.

______________________________

-2-
#### State of New York, Respondent, v Martin Herzog et al., Appellants.

Order and judgment (one paper), Supreme Court, New York County (Edith Miller, J.), entered on Febru- ary 8, 1989, unanimously affirmed for the reasons stated by by *257Edith Miller, J., without costs and without disbursements.

Concur—Murphy, P. J., Asch, Kassal and Rubin, JJ. *[See,*164 AD2d 793.]
UNITED STATES
                       SECURITIES AND EXCHANGE COMMISSION
                             Washington, D.C. 20549

                                    Form 13F

                               Form 13F COVER PAGE

Report for the Calendar Year or Quarter Ended:  June 30, 1999

Check here if Amendment [    ]; Amendment Number: ____
    This Amendment (Check only one.): [    ] is a restatement.
                                      [    ] adds new holdings entries.

Institutional Investment Manager Filing this Report:

Name:      American Odyssey Funds Management, Inc.
Address:   Two Tower Center
           East Brunswick, New Jersey 08816

Form 13F File Number:              28-4680

The institutional investment manager filing this report and the person by whom
it is signed hereby represent that the person signing the report is authorized
to submit it, that all information contained herein is true, correct and
complete, and that it is understood that all required items, statements,
schedules, lists, and tables, are considered integral parts of this form.

Person Signing this Report on Behalf of Reporting Manager:

Name:      Paul S. Feinberg
Title:     Senior Vice President - General Counsel
Phone:     (732) 514-2011

Signature, Place, and Date of Signing:

/s/ Paul S. Feinberg         East Brunswick, New Jersey      August 16, 1999
--------------------

Report Type (Check only one.):

[   ] 13F  HOLDINGS  REPORT.   (Check  here  if  all  holdings  of  this
      reporting manager are reported in this report.)

[ X ] 13F NOTICE. (Check here if no holdings reported are in this report,
      and all holdings are reported by other reporting manager(s).)

[   ] 13F COMBINATION REPORT. (Check here if a portion of the holdings for
      this reporting manager are reported in this report and a portion are
      reported by other reporting manager(s).)

List of Other Managers Reporting for this Manager:

Form 13F File Number 28-2427
Name:  Citigroup Inc.
IA

107TH CONGRESS

1ST SESSION H. J. RES. 80

Appointing the day for the convening of the second session of the One

Hundred Seventh Congress.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 20, 2001

Mr. ARMEY introduced the following joint resolution

DECEMBER 20, 2001

Committee on the Judiciary discharged; considered and passed

JOINT RESOLUTION

Appointing the day for the convening of the second session

of the One Hundred Seventh Congress.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 SECTION 1. DAY FOR CONVENING OF SECOND REGULAR

4 SESSION OF ONE HUNDRED SEVENTH CON5 GRESS.

6 The second regular session of the One Hundred Sev7 enth Congress shall begin at noon on Wednesday, January

8 23, 2002.
2

HJ 80 CPH

1 SEC. 2. AUTHORITY FOR CALLING SPECIAL SESSION BE2 FORE CONVENING OF SECOND REGULAR SES3 SION.

4 If the Speaker of the House of Representatives and

5 the Majority Leader of the Senate, acting jointly after con6 sultation with the Minority Leader of the House of Rep7 resentatives and the Minority Leader of the Senate, deter8 mine that it is in the public interest for Congress to as9 semble before the convening of the second regular session

10 of the One Hundred Seventh Congress as provided in sec11 tion 1—

12 (1) the Speaker and Majority Leader shall no13 tify the Members of the House and Senate, respec14 tively, of such determination and of the place and

15 time for Congress to so assemble; and

16 (2) Congress shall assemble in accordance with

17 such notification.

Æ
#### The People of the State of New York, Respondent, v Keith P. Doyle, Appellant.

Appeal by the defendant from a judgment of the County Court, Nassau County (Boklan, J.), rendered February 18, 1986, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the evidence adduced at trial established that he was guilty of intentional murder and not depraved mind murder, and therefore, the evidence was legally insufficient to sustain his conviction and was against the weight of the evidence. We do not agree.

Viewing the evidence in the light most favorable to the prosecution *(see, People v Contes,*60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence *(see,*CPL 470.15 [5]). We find no basis on which to disturb this verdict, particularly in light of the instruction to the jury on the elements of intentional murder and the affirmative defense of extreme emotional disturbance *(see, People v Roe,*74 NY2d 20). There was nothing improper in the trial court’s charge which instructed the jury to consider the offenses of intentional murder and depraved mind murder in the alternative *(see, People v Gallagher,*69 NY2d 525).

We have examined the defendant’s remaining contentions, including the claim that his sentence was excessive, and find them to be without merit *(see, People v Suitte,*90 AD2d 80). Kunzeman, J. P., Kooper, Sullivan and O’Brien, JJ., concur.
EXHIBIT
32.6

Certification Pursuant to Section 1350 of
Chapter 63 of Title 18
of the United States Code

I,
Ralph Izzo, Chief Executive Officer of PSEG Energy Holdings L.L.C., to the best
of my knowledge, certify that (i) the Quarterly Report of PSEG Energy Holdings
L.L.C. on Form 10-Q for the period ended June 30, 2007 (the Report) fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and (ii) the information contained in the Report fairly
presents, in all material respects, the financial condition and results of
operations of the PSEG Energy Holdings L.L.C.

| |                              
| | -----------------------------
| | /s/ Ralph
  Izzo             
| |                              
| | Ralph Izzo                   
| | PSEG Energy
  Holdings L.L.C.
| | Chief
  Executive Officer    
| | August 1,
  2007             

---
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 20 2 2

- 35 94

_____________________________
T IMOTHY C. N IX , Appellant,

v.

T AMPA M ARRIOTT W ESTSHORE , Appellee.

_____________________________

On appeal from the Florida Commission on Human Relations

. Cheyanne M. Costilla
, Executive Director

. December 13, 2023

P ER C URIAM

.
D ISMISSED

. See Gershman v. Fla. Elections Comm’n , 127 So. 3d 686 (Fla. 4th DCA 2013).

O STERHAUS , C.J.
, and R OWE and B ILBREY , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Timothy C. Nix
, pro se , Appellant.

Dawn Siler

- Nixon, Ford & Harrison LLP, Tampa; Steven Reardon, Ford & Harrison LLP, Miami
, for Appell ee

.
#### UNITED STATES of America, Plaintiff-Appellee, v. Charles ANDERSON, Defendant-Appellant.

No. 02-50581. D.C. No. CR-02-00009-VAP.

United States Court of Appeals, Ninth Circuit.

Submitted July 21, 2003.*

Decided July 28, 2003.

Before LEAVY, HAWKINS and RAWLINSON, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM**

Because the sentence imposed by the district court falls within the parameters of what we conclude is an unambiguous waiver of the right to appeal contained in appellant’s written plea agreement, *see United States v. Nunez,*223 F.3d 956, 959 (9th Cir.2000), and because the terms and conditions of supervised release imposed by the district court did not affect the fairness of the sentencing proceedings, *see United States v. Vences,*169 F.3d 611, 613 (9th Cir.1999), we dismiss the appeal.

DISMISSED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM (A) FORM
10-Q FOR THE QUARTER ENDED SEPTEMBER 30, 2000. AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH (B) FINANCIAL STATEMENTS AND NOTES THERETO.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-2001
<PERIOD-START>                             APR-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                           1,017
<SECURITIES>                                         0
<RECEIVABLES>                                   37,850
<ALLOWANCES>                                       634
<INVENTORY>                                      7,621
<CURRENT-ASSETS>                                46,840
<PP&E>                                          62,577
<DEPRECIATION>                                  17,466
<TOTAL-ASSETS>                                 114,164
<CURRENT-LIABILITIES>                           53,526
<BONDS>                                         25,235
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      3,866
<COMMON>                                         3,101
<OTHER-SE>                                      26,084
<TOTAL-LIABILITY-AND-EQUITY>                   114,164
<SALES>                                         97,548
<TOTAL-REVENUES>                                97,548
<CGS>                                           75,922
<TOTAL-COSTS>                                   93,640
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,314
<INCOME-PRETAX>                                  2,596
<INCOME-TAX>                                       919
<INCOME-CONTINUING>                              1,055
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,055
<EPS-BASIC>                                       0.27
<EPS-DILUTED>                                     0.27


</TABLE>
#### The People of the State of New York, Respondent, v Kevin Middleton, Appellant.

Appeal by the defendant from a judgment of the County Court, Westchester County (Lange, J.), rendered June 2, 1989, convicting him of attempted criminal possession of a controlled substance in the fourth degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant knowingly and voluntarily pleaded guilty prior to such time as the court might have rendered a final order denying his suppression motion. Accordingly, and in accordance with his express waiver of all motions both pending and decided, the defendant may not now argue that the court erred in its ruling on his related motion to compel discovery *(see, People v Fernandez,*67 NY2d 686). Thompson, J. P., Brown, Balletta and Miller, JJ., concur.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health 

                    Notice is hereby given of a change in the meeting of the Mental Health Services in MH Specialty Settings, October 7, 2008, 8:30 am to October 7, 2008, 5 p.m., Hilton Crystal City, 2399 Jefferson Davis Hwy, Arlington, VA 22202 which was published in the                     **Federal Register**                     on August 15, 2008, 73 FR 47958.                 

The meeting location has been changed to the Fairmont Hotel, 2401 M Street, NW., Washington, DC 20037. The meeting date and times remain the same. The meeting is closed to the public. 

Dated: September 2, 2008. 

Jennifer Spaeth, 

Director, Office of Federal Advisory Committee Policy.

[FR Doc. E8-20902 Filed 9-8-08; 8:45 am] 

BILLING CODE 4140-01-P
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health 

                    Notice is hereby given of the cancellation of the National Advisory Neurological Disorders and Stroke Council, September 18, 2008, 8 a.m. to September 18, 2008, 10 a.m., National Institutes of Health, Building 31, 31 Center Drive, C Wing, Conference Room 7, Bethesda, MD 20892 which was published in the                     **Federal Register**                     on August 22, 2008, 73; FR E8-19449.                 

The Basic and Preclinical Programs Subcommittee meeting has been canceled. 

      ( print page 52398)    
Dated: August 29, 2008. 

Jennifer Spaeth, 

Director, Office of Federal Advisory Committee Policy.

[FR Doc. E8-20633 Filed 9-8-08; 8:45 am] 

BILLING CODE 4140-01-M
[Federal Register Volume 73, Number 175 (Tuesday, September 9, 2008)]
[Notices]
[Page 52332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20880]


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

DEPARTMENT OF DEFENSE

Department of the Air Force


Notice of Intent To Grant a Partially Exclusive Patent License

AGENCY: Department of the Air Force, DOD.

ACTION: Notice.

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

SUMMARY: Pursuant to the provisions of Part 404 of Title 37, Code of 
Federal Regulations, which implements Public Law 96-517, as amended, 
the Department of the Air Force announces its intention to grant 
Allcomp, Incorporated, a California corporation, having a place of 
business at 209 Puente Avenue, City of Industry, California 91746-2304 
an exclusive license in any right, title and interest the Air Force has 
in:

    U.S. Patent No. 6,309,703, issued 30 October 2001, entitled 
``Carbon and Ceramic Matrix Composites Fabricated by a Rapid Low-
Cost Process Incorporating In-Situ Polymerization of Wetting 
Monomers,'' by Phillip G. Wapner, Wesley P. Hoffman and Steven 
Jones.

DATES: A license for this patent will be granted unless a written 
objection is received within fifteen (15) days from the date of 
publication of this Notice.

FOR FURTHER INFORMATION: Written objection should be sent to: Air Force 
Material Command Law Office, AFMCLO/JAZ, Building 11, room D18, 2240 B 
Street, Wright Patterson AFB, OH 45433-7109. Telephone: (937) 255-2838; 
Facsimile (937) 255-7333.

Bao-Anh Trinh,
Air Force Federal Register Liaison Officer.
[FR Doc. E8-20880 Filed 9-8-08; 8:45 am]
BILLING CODE 5001-05-P
**Exhibit 23.4**

**Consent of Independent Registered Public Accounting Firm**

We consent to the incorporation by reference in the Registration Statement (Form S-3 No. 333-164289) and related Prospectus of Westway Group, Inc. of our report dated January 19, 2009, except as to notes 3 and 17, which are as ofMarch 9, 2009, with respect to the combined carve-out financial statements of the bulk liquid storage and liquid feed supplements businesses (Westway Group) of ED&F Man group included in this Annual Report (Form 10-K) of Westway Group, Inc.for the year ended December 31, 2009. 

/s/ Ernst & Young LLP 

London, England 

16 March 2010
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 17-1970

BRETT KIMBERLIN,

Plaintiff - Appellant,

v.

PATRICK FREY,

Defendant - Appellee, 

and

NATIONAL BLOGGERS CLUB; ALI AKBAR; ERICK ERICKSON; MICHELLE 

MALKIN; GLENN BECK; AARON WALKER; WILLIAM HOGE; LEE 

STRANAHAN; ROBERT STACY MCCAIN; JAMES O’KEEFE; MANDY 

NAGY; BREITBART.COM; THE FRANKLIN CENTER; SIMON AND 

SCHUSTER, INC.; LYNN THOMAS, a/k/a Kimberlinunmasked; MERCURY 

RADIO ARTS; THE BLAZE; ACE OF SPADES; REDSTATE; DB CAPITAL 

STRATEGIES; DAN BACKER; TWITCHY; AMERICAN SPECTATOR,

Defendants.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. 

George Jarrod Hazel, District Judge. (8:13-cv-03059-GJH)

Submitted: February 27, 2018 Decided: March 14, 2018

Before WILKINSON and HARRIS, Circuit Judges, and HAMILTON, Senior Circuit 

Judge.
2

Affirmed by unpublished per curiam opinion.

Brett C. Kimberlin, Appellant Pro Se. Ronald David Coleman, MANDELBAUM 

SALSBURG, Roseland, New Jersey, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
3

PER CURIAM:

Brett C. Kimberlin appeals the district court’s order granting Appellee summary 

judgment on Kimberlin’s First Amendment retaliation claim under 42 U.S.C. § 1983 

(2012). We have reviewed the record and find no reversible error. Accordingly, we affirm 

for the reasons stated by the district court. See Kimberlin v. Frey, No. 8:13-cv-03059-GJH 

(D. Md. filed July 21, 2017; entered July 24, 2017). We dispense with oral argument 

because the facts and legal contentions are adequately presented in the materials before this 

court and argument would not aid the decisional process.

AFFIRMED
**Exhibit 23.2**

**Consent of Independent Registered Public Accounting Firm**

The Board of Directors

ORBCOMM Inc.: 

Weconsent to the incorporation by reference in the Registration Statements Nos. 333-195077, 333-180755 and 333-175577 on Form S-3 and Registration Statements Nos. 333-174916, 333-139582 and 333-139583 on Form S-8 of ORBCOMM Inc. and subsidiaries (theCompany) of our report dated March 13, 2015, with respect to the effectiveness of internal control over financial reporting as of December 31, 2014, which report appears in Amendment No. 1 to the December 31, 2014 annual report on Form 10-K/A of ORBCOMM Inc. and subsidiaries. 

Our report on the effectiveness of internal control overfinancial reporting as of December 31, 2014 contains an explanatory paragraph that states that the Company acquired Euroscan Holding B.V. and subsidiaries (“Euroscan”) during 2014 and management excluded from its assessment of theeffectiveness of the Company’s internal control over financial reporting as of December 31, 2014, Euroscan’s internal control over financial reporting associated with total assets of $6.4 million, representing 1.3% of consolidated assets,and revenues of $12.6 million representing 13.1% of consolidated revenues, included in the consolidated financial statements of the Company as of and for the year ended December 31, 2014. Our audit of internal control over financial reporting ofORBCOMM Inc. also excluded an evaluation of the internal control over financial reporting of Euroscan. 

/s/ KPMG LLP 

New York, New York 

April 10, 2015