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

105TH CONGRESS

1ST SESSION H. R. 654

For the relief of Thomas McDermott, Sr.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 6, 1997

Mr. PETRI introduced the following bill; which was referred to the Committee

on Resources

A BILL

For the relief of Thomas McDermott, Sr.

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

3 SECTION 1. AUTHORIZATION OF PURCHASE.

4 Thomas McDermott, Senior, of Oshkosh, Wisconsin,

5 is authorized to purchase, at fair market value, the real

6 property of the United States in Grant County, New Mex7 ico, to which Mr. McDermott’s mineral patent application

8 applied and the Bureau of Land Management of the De9 partment of the Interior is directed to enter into negotia10 tions with Mr. McDermott for the purchase of such real

11 property. Such application is Mr. McDermott’s application

12 filed under the Act of May 10, 1872 (30 U.S.C. 22 et
2

HR 654 IH

1 seq.) (referred to as the ‘‘1872 Mining Law’’) identified

2 as mineral patent application NMNM 78359. Such pur3 chase shall be made not later than 6 months after the date

4 of the enactment of this Act.

Æ
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 10-20230

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JAMES SANDLE,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:94-CR-282-3

Before KING, BENAVIDES, and PRADO, Circuit Judges.

PER CURIAM:

*

James Sandle, federal prisoner # 66616-079, appeals the district court’s

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

the recent crack cocaine guidelines amendments. He argues that the district

court abused its discretion in denying his § 3582(c)(2) motion; that the district

court should have reduced his sentence based on the recent crack cocaine

guidelines amendments; and that his statutory mandatory minimum sentence

was improperly based on his prior conviction for simple possession.

United States Court of Appeals

Fifth Circuit

F I L E D

December 8, 2010

Lyle W. Cayce

Clerk

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.

Case: 10-20230 Document: 00511315526 Page: 1 Date Filed: 12/08/2010
No. 10-20230

A district court’s decision whether to reduce a sentence is reviewed for an

abuse of discretion, and its interpretation of the Guidelines is reviewed de novo.

United States v. Evans, 587 F.3d 667, 671-72 (5th Cir. 2009), cert. denied, 130 S.

Ct. 3462 (2010). Because Sandle was subject to a statutory mandatory minimum

sentence of 240 months of imprisonment under 21 U.S.C. § 841(b)(1)(A)(iii), the

district court lacked authority to impose a sentence below the statutory

minimum sentence. See United States v. Carter, 595 F.3d 575, 577, 579-81 (5th

Cir. 2010); see also United States v. Robinson, 353 F. App’x 941, 942 (5th Cir.

2009). Sandle’s reliance on Spears v. United States, 129 S. Ct. 840 (2009), is

misplaced as Spears did not involve a § 3582(c)(2) motion. See Spears, 129 S. Ct.

at 841-45.

Sandle’s argument challenging his original sentencing may not be raised

in a § 3582(c)(2) motion. A § 3582(c)(2) motion “is not a second opportunity to

present mitigating factors to the sentencing judge, nor is it a challenge to the

appropriateness of the original sentence.” United States v. Whitebird, 55 F.3d

1007, 1011 (5th Cir. 1995). Therefore, this argument is not cognizable in a

§ 3582(c)(2) motion. See Evans, 587 F.3d at 674.

AFFIRMED.

2

Case: 10-20230 Document: 00511315526 Page: 2 Date Filed: 12/08/2010
Slater v. CTA 1:20-cv-3356 Cmplt. Ex. 3 000001

Slater v. CTA 1:20-cv-3356 Cmplt. Ex. 3 000001

Case: 1:20-cv-03356 Document #: 1-3 Filed: 06/08/20 Page 1 of 3 PageID #:26
Slater v. CTA 1:20-cv-3356 Cmplt. Ex. 3 000002

Slater v. CTA 1:20-cv-3356 Cmplt. Ex. 3 000002

Case: 1:20-cv-03356 Document #: 1-3 Filed: 06/08/20 Page 2 of 3 PageID #:27
Slater v. CTA 1:20-cv-3356 Cmplt. Ex. 3 000003

Slater v. CTA 1:20-cv-3356 Cmplt. Ex. 3 000003

Case: 1:20-cv-03356 Document #: 1-3 Filed: 06/08/20 Page 3 of 3 PageID #:28
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UNITED STATES DISTRICT COURT

FOR THE Northern District of Illinois − CM/ECF NextGen 1.6.3

Eastern Division

Commodity Futures Trading Commission

Plaintiff,

v. Case No.: 1:20−cv−03758

Honorable Thomas M. Durkin

Long Leaf Trading Group, Inc., et al.

Defendant.

NOTIFICATION OF DOCKET ENTRY

This docket entry was made by the Clerk on Thursday, August 11, 2022:

 MINUTE entry before the Honorable Thomas M. Durkin: A telephonic hearing as

to the motion for entry of default against Defendant Timothy M. Evans [108] is set for

8/30/2022 at 9:15 a.m. Notice is to be provided to the defendant in the same manner that

notice of the complaint was served. To join the telephone conference, dial 877−402−9757,

Access Code 4410831. Members of the public and media will be able to call in to listen to

this hearing. Please be sure to keep your phone on mute when you are not speaking.

Persons granted remote access to proceedings are reminded of the general prohibition

against photographing, recording, and rebroadcasting of court proceedings. Violation of

these prohibitions may result in sanctions, including removal of court issued media

credentials, restricted entry to future hearings, denial of entry to future hearings, or any

other sanctions deemed necessary by the Court. Mailed notice. (ecw, )

ATTENTION: This notice is being sent pursuant to Rule 77(d) of the Federal Rules of

Civil Procedure or Rule 49(c) of the Federal Rules of Criminal Procedure. It was

generated by CM/ECF, the automated docketing system used to maintain the civil and

criminal dockets of this District. If a minute order or other document is enclosed, please

refer to it for additional information.

For scheduled events, motion practices, recent opinions and other information, visit our

web site at www.ilnd.uscourts.gov.

Case: 1:20-cv-03758 Document #: 109 Filed: 08/11/22 Page 1 of 1 PageID #:2803
8928.

#### Rothschild & Company *v.*Arenson & Company.

Decided May 16, 1918.

Complaint; from Butts superior court—Judge Searcy. May 5, 1917.

*G. L. Redman, Little, Powell, Smith & Goldstein,*for plaintiffs.

A. *W. Lane, W. B. W-athins,*for defendants.

Wade, C. J.

1. The charge of the court was fair, and presented the vital issues to the jury with sufficient fullness; and there is no substantial merit in any of the special assignments of error:

2. The jury were authorized, under some of the testimony, to find that the purchaser of the goods sued for was not a general agent of the. defendant, and was without special authority to make such purchases, and that the purchases were made without the knowledge of the defendant and were never ratified in any way by him.

3. The alleged newly discovered evidence, when considered in connection with the precise allegations in the original petition, clearly indicates that its existence would have been revealed to the plaintiff by the exercise of proper diligence, and therefore furnishes no sufficient ground to set aside the verdict.

4. Notwithstanding some evidence authorizing a contrary conclusion, the verdict was supported by direct and positive testimony which the jury .accepted as the truth of the transaction; and the trial judge having approved their finding, his judgment overruling the motion for a new trial is *Affirmed.*

*Jenkins and Luke, JJ., concur.*
IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF ILLINOIS

)

ABC Corp. ) Case No: 20 C 3131

)

v. )

) Judge: Thomas M. Durkin

)

The Partnerships )

)

ORDER

Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary

Injunction, a Temporary Transfer of the Domain Names, a Temporary Asset Restraint, and Expedited

Discovery, and Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) are granted.

[13][ 18] Plaintiff's motion for leave to file under seal is granted.[ 9] Enter Sealed Temporary

Restraining Order. Plaintiff shall deposit with the Court ten thousand dollars ($10,000.00), either cash or

surety bond, as security, which amount was determined adequate for the payment of such damages as any

person may be entitled to recover as a result of a wrongful restraint hereunder, such bond to be deposited

with the Court once in-person civil case hearings resume. 

Date: 6/1/2020 /s/ Thomas M. Durkin

Case: 1:20-cv-03131 Document #: 24 Filed: 06/01/20 Page 1 of 1 PageID #:2261
**EXHIBIT 31.2**
**CERTIFICATIONS**
I, Richard J. O’Brien, certify that:
     1. I have reviewed this quarterly report on Form 10-Q of FelCorLodging Limited Partnership;
     2. Based on my knowledge, this report does not contain any untrue statement ofa material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statements weremade, not misleading with respect to the period covered by this report;
     3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respectsthe financial condition, results of operations and cash flows of the registrantas of, and for, the periods presented in this report;
     4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and we have:
     a) designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the registrant, including itsconsolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is beingprepared;
     b) evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end ofthe period covered by this report based on such evaluation; and
     c) disclosed in this report any change in the registrant’s internalcontrol over financial reporting (as defined in Exchange Act Rules13a-15(f) and 15d-15(f)) that occurred during the registrant’s most recentfiscal quarter (the registrant’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financialreporting.
     5. The registrant’s other certifying officer and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent functions):
     a) all significant deficiencies and material weaknesses in the designor operation of internal control over financial reporting which arereasonably likely to adversely affect the registrant’s ability to record,process, summarize and report financial information; and
     b) any fraud, whether or not material, that involves management orother employees who have a significant role in the registrant’s internalcontrol over financial reporting.   Date: November 6, 2003 */s/ Richard J. O’Brien*
EXHIBIT 11
                        COMPUTATION OF PER SHARE EARNINGS


                                                       Three months ended
                                                          December 31,
                                                 -------------------------------
                                                    1998                 1997
                                                 ----------          -----------
Net  Income                                      $  547,000          $   395,000
                                                 ==========          ===========
Average shares outstanding                        2,317,682                  N/A
                                                 ==========
Basic earnings per share                         $     0.24                  N/A
                                                 ==========
Net Income
                                                 $  547,000          $   395,000
                                                 ==========          ===========

Average shares outstanding                        2,317,682                  N/A
Net effect of dilutive stock options                 39,720                  N/A
                                                 ----------
Total shares outstanding                          2,357,402                  N/A
                                                 ==========
Diluted earnings per share                       $     0.23                  N/A
                                                 ==========             
                                                
                                                       Nine months ended
                                                          December 31,
                                                 -------------------------------
                                                    1998                 1997
                                                 ----------          -----------
Net  Income                                      $1,667,000          $ 1,093,000
                                                 ==========          ===========
Average shares outstanding                        2,340,982                  N/A
                                                 ==========
Basic earnings per share                         $     0.71                  N/A
Net Income                                       ==========
                                                 $1,667,000          $ 1,093,000
                                                 ==========          ===========
Average shares outstanding                        2,340,982                  N/A
Net effect of dilutive stock options                 13,240                  N/A
                                                 ----------
Total shares outstanding                          2,354,222                  N/A
                                                 ==========
                                                 $     0.71                  N/A
                                                 ==========
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the

__________ District of __________ 

)

)

)

)

)

)

)

)

)

)

)

)

Plaintiff(s)

v. Civil Action No.

Defendant(s)

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.

P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of

the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,

whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. 

You also must file your answer or motion with the court.

CLERK OF COURT

Date:

Signature of Clerk or Deputy Clerk

Case 2:15-cv-02608-DJH Document 3 Filed 12/22/15 Page 1 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

’ I personally served the summons on the individual at (place)

on (date) ; or

’ I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date) , and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual) , who is

 designated by law to accept service of process on behalf of (name of organization)

on (date) ; or

’ I returned the summons unexecuted because ; or

’ Other (specify):

.

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:

Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

Case 2:15-cv-02608-DJH Document 3 Filed 12/22/15 Page 2 of 2
Exhibit 10.15





SECOND AMENDMENT


OF


EMPLOYMENT AGREEMENT




WHEREAS, OTELCO INC. (the “Company”) has previously entered into an Employment Agreement (the “Agreement”), dated as of November 15, 2006, with Jerry C. Boles (the “Employee”), as amended on December 17, 2008, setting forth the terms and conditions of the Employee’s employment with the Company; and




WHEREAS, the Company and the Employee desire to amend certain provisions of the Agreement.




NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree that the Agreement is hereby amended as follows:




Base Salary.  Effective January 1, 2011, Section 3(c)(i) of the Agreement is hereby amended and restated in its entirety as follows:




(i)           Base Salary.  During the Employment Period, the Employee shall receive an annual base salary of $152,000, subject to increase by the Board, which annual base salary shall be further subject to annual increase by an amount equal to at least the increase in the cost of living, if any, between the date of the immediately preceding increase and the date of each such adjustment, based upon the Consumer Price Index for Urban Consumers, or, if that index is discontinued, a similar index prepared by a department or agency of the United States government (as so increased and adjusted, the “Annual Base Salary”).  The Annual Base Salary shall be paid in accordance with the customary payroll practices of the Company, subject to withholding and other payroll taxes.




Bonus.  Effective January 1, 2011, Section 3(c)(ii) of the Agreement is hereby amended and restated in its entirety as follows:




(ii)           Bonus.  For each fiscal year during the Employment Period, the Employee will be entitled to receive a bonus (the “Bonus”).  The Bonus shall be based upon the Company achieving operating and/or financial goals to be established by the Board or any duly appointed committee thereof in good faith, in its sole discretion.




SAVINGS CLAUSE.  Save and except as herein expressly amended, the Agreement shall continue in full force and effect.


March 4, 2011
OTELCO INC.By:
/s/ Curtis L. Garner, Jr.Name:Curtis L. Garner, Jr.Title:Chief Financial Officer/s/ Jerry C. BolesJerry C. Boles
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