alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 06-3942

___________

United States of America, *

*

Plaintiff–Appellee, *

* On Remand from the 

v. * United States Supreme Court.

*

Damon Flamont Smith, * [UNPUBLISHED]

*

Defendant–Appellant. *

___________

Submitted: May 29, 2008

Filed: July 15, 2009

___________

Before BYE, RILEY, and MELLOY, Circuit Judges.

___________

PER CURIAM.

This case is before us on remand from the Supreme Court of the United States,

which vacated the judgment previously entered and directed reconsideration of the

case in light of Begay v. United States, 128 S. Ct. 1581 (2008). Smith v. United

States, 128 S. Ct. 2049 (2008).

Damon Flamont Smith pleaded guilty to being a felon in possession of a firearm

in violation of 18 U.S.C. § 922(g)(1). Based on Smith’s multiple prior felony

convictions for “tampering in the first degree” under Missouri state law, see Mo. Rev.

Stat. § 569.080.1(2), the district court found Smith had been convicted three times or

more of a “violent felony” as defined in 18 U.S.C. § 924(e), thus also triggering
-2-

classification as an “armed career criminal” and a sentence enhancement under U.S.

Sentencing Guidelines (“USSG”) § 4B1.4. 

All three of the convictions upon which the district court relied in determining

that Smith had the predicate violent felonies necessary to trigger an enhanced sentence

were “tampering in the first degree” by “operat[ing] an automobile . . . without the

consent of the owner.” Mo. Rev. Stat. § 569.080.1(2). While this court had

previously held that tampering convictions under Missouri law constituted violent

felonies for the purposes of 18 U.S.C. § 924(e), see United States v. Johnson, 417 F.3d

990, 997 (8th Cir. 2005), following the Supreme Court’s decision in Begay, we

revisited this precedent and determined that automobile tampering under Missouri law

is not a “crime of violence” and cannot be used as the basis for a career-offender

enhancement. See United States v. Williams, 537 F.3d 969, 975 (8th Cir. 2008); see

also id. at 971 (noting no distinction between the Guidelines’ definition of “crime of

violence” and “violent felony” under 18 U.S.C. § 924(e)(2)(B), which was the

interpretative focus of Begay, for the purposes of determining the applicability of a

career-criminal enhancement). Thus, we conclude that Smith’s convictions cannot

serve as the basis of a sentence under 18 U.S.C. § 924(e) or an armed-career criminal

classification under USSG § 4B1.4. 

Accordingly, we vacate our prior opinion and remand to the district court for

resentencing.

______________________________
#### John McClain *v.*Burton, Mitchell & Co.

Bills and Notes — Co-obllgor—Use of Name — Innocent Holder.

It is a well-settled principle that if one trusts another with his name as his surety as co-obligor, he must suffer the consequences of his confidence in him, rather than place the loss on the innocent holder of the note.

APPEAL PROM BOYLE CIRCUIT COURT.

September 13, 1871.

*Thompson, Durham & Jacobs, for appellant.*

*Vanwinkle & Fox, for appellees.*

Opinion by

Judge Hardin :

Whatever means T. P. Mitchell may have used to induce the appellant to become his co-obligor in the note in controversy, as there is no sufficient indication that either of the appellees participated in any fraudulent act or arrangement for overreaching or circumventing the appellant, or accepted the note with knowledge of any such fraud, the principle is well settled that the appellant, who trusted T. P. Mitchell with his name as his surety or co-obligor, must abide the consequences of his confidence in him rather than placing the loss on. the innocent holders of the note.

And as the instructions ánd rulings of the circuit court were in substantial conformity with this view of the law, and the evidence is consistent with the finding of the jury, we perceive no ground for reversing the judgment, which is, therefore, *affirmed.*
Case 2:16-cr-00091-DGC Document 4 Filed 12/22/15 Page 1 of 3
Case 2:16-cr-00091-DGC Document 4 Filed 12/22/15 Page 2 of 3
Case 2:16-cr-00091-DGC Document 4 Filed 12/22/15 Page 3 of 3
No. 87-1080.

#### Maryland National Bank *v.*Maryland State Department of Assessments and Taxation.

Appeal from Ct. App. Md. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

Justice O’Connor took no part in the consideration or decision of this order.
#### Adam Deshong *v.*Hugh Cain.

Injunction — Action to Enjoin Judgment — Sufficiency of Petition.

It does not appear from the petition that the judgment was rendered hy mistake, hut was the judicial determination of the court; *630and whether it was right or wrong could only appear from the proceedings as reproduced in the subsequent suit; and unless that preliminary object was effected, with at least reasonable certainty neither the circuit court nor the court of appeals should disturb the judgment.

APPEAL FROM MONTGOMERY CIRCUIT COURT.

October 5, 1871.

Opinion by

Judge Haedin:

This case is now, for the second time, in this court on the appeal of Deshong. The first judgment rendered, and which was reversed (1 Duvall 309), dismissed the petition on demurrer. The substance of the petition is set out in the former opinion of this court, and was sufficient as therein decided if sustained by proof, to authorize an injunction of the judgment of $300.00 in favor of the appellee and to reverse and set aiide said judgment.

The answer filed on the return of the cause controverted the material averments of the petition on which relief was sought, and on hearing the court again dismissed the action.

It sufficiently appears from the testimony of Commissioner Herd and othersi that his first report was in favor of Deshong for about the sum of $300.00 on a settlement of the partnership, and although this report was set aside, a second report was made substantially reproducing it. But the court afterwards, on final trial, contrary to the commissioners’ views, rendered a judgment for Cain from which D'eshong prayed an appeal, but was prevented from prosecuting it by the losing of the papers.

It does not appear that said judgment was rendered for Cain by mistake but was the judicial determination of the court, and whether it was right or wrong could only appear from the proceedings as reproduced in the subsequent suit; and unless that preliminary object was effected with at least reasonable certainty, it seems to us neither the circuit court nor this court should disturb the judgment. It is manifest from the evidence and report of the last commissioner that the attempt to so reestablish even the substance of the pleadings, papers and evidence on which the court acted as to enable a revising court to know the grounds of said judgment, has utterly failed.

*631
      *Hazelrigg, Winn, for appellant.*

*Turner, for appellee.*

We are of the opinion, therefore, that the action was properly-dismissed.

Wherefore, the judgment is affirmed.

Judge Peters did not preside in this case.
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How to Obtain Beamtime

 (Yamali Hernandez)

Experiment 2

Industrial Research 

Applications of Neutron 

Scattering

(Hubert King)

Experiment 3

Banquet at Botanero

Introduction SANS

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Coffee Break

Experiment 2

Lunch

Coffee Break

Experiment 1

Bus leaves NCNR

Lunch

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Experiment 3 Student Presentation 

Preparation

CHRNS Summer School 2024 Sponsored by: NSF/NCNR

Monday, July 22

Bus Leaves Hotel

Bus Leaves Hotel Bus Leaves Hotel Bus Leaves Hotel

Student Presentation 

Preparation

NCNR Tour

Presentation Awards

The NIST Research Reactor 

and Cold Neutron Sources

(Abdullah Weiss)

Experiment1

Registration

Student Research

Clips

Welcome

(Dan Neumann)

Exp/group structure

(Leland Harriger)

Coffee Break

Experiment 1

Experiment 1

Introduction to 

Reflectometry

(Chuck Majkrzak)

Coffee Break

Student Presentations

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Pizza Lunch

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Feedback

End of Summer School

Coffee Break Coffee Break Coffee Break Coffee Break

Experiment 3

Student Presentation 

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Experiment 2
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE FINANCIAL DATA SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE COMPANY'S AUDITED FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED
JANUARY 26, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JAN-26-1997
<PERIOD-END>                               JAN-26-1997
<CASH>                                          32,494
<SECURITIES>                                     5,168
<RECEIVABLES>                                    1,725
<ALLOWANCES>                                         0
<INVENTORY>                                     43,617
<CURRENT-ASSETS>                                86,659
<PP&E>                                          51,978
<DEPRECIATION>                                (11,620)
<TOTAL-ASSETS>                                 137,382
<CURRENT-LIABILITIES>                           23,382
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           182
<OTHER-SE>                                     113,581
<TOTAL-LIABILITY-AND-EQUITY>                   137,382
<SALES>                                        225,315
<TOTAL-REVENUES>                               225,315
<CGS>                                          144,054
<TOTAL-COSTS>                                   70,077
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             (1,471)
<INCOME-PRETAX>                                 12,655
<INCOME-TAX>                                     4,619
<INCOME-CONTINUING>                              8,036
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     8,036
<EPS-PRIMARY>                                      .45
<EPS-DILUTED>                                      .45
        

</TABLE>
Exhibit 32.1

CERTIFICATION

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350, as adopted), Carlos A. Riva, the Chief Executive
Officer of Verenium Corporation (the Company), and James E. Levine, the Chief Financial Officer of the Company, each hereby certifies that, to the best of his knowledge:



|1. | The Companys Quarterly Report on Form 10-Q for the quarter ended March 31, 2010, to which this Certification is attached as Exhibit 32.1 (the Periodic
Report), fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, as amended; and
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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



|                                                |  |  |  |                                                                                   
|----------------------------------------------- |  |  |  | ----------------------------------------------------------------------------------
|Dated: May 10, 2010                             |  |  |  |                                                                                   
|                                                |  | 
|/s/ Carlos A. Riva                              |  |  |  | /s/ James E. Levine                                                               
|Carlos A. Riva                                  |  |  |  | James E. Levine                                                                   
|President, Chief Executive Officer and Director |  |  |  | Executive Vice President and Chief Financial Officer
(Principal Financial Officer)

This certification accompanies the Form 10-Q to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be
incorporated by reference into any filing of Verenium Corporation under the Securities Act of 1933, as amended, or Securities Exchange Act of 1934, as amended (whether made before or after the date of the Form 10-Q), irrespective of any general
incorporation language contained in such filing.
#### George Clinton *v.*Mates Benevolent Association.

Process — Summons—Variance—Must be Taken Advantage of by Motion— Waiver.

Tlie note sued on was made payable to the Cincinnati Mates Benevolent Association. The warrant was taken out in the name of the Mates Benevolent Association of Cincinnati. This variance, if fatal, should have been taken advantage of by motion to quash the writ.

APPEAL PROM CAMPBELL CIRCUIT COURT.

September 15, 1871.

Opinion by

Judge Lindsay:

The act to increase the jurisdiction of the mayor of the city of Newport, approved March 10, 1856, provides “that the same powers and jurisdiction now in force under the *Revised Statutes, Chapter 27, Article*16 *and 17,*defining the jurisdiction of quar*5terly courts, and the powers of the presiding'judge of county courts be, and the same are hereby conferred upon the mayor of the city of Newport.” At the time this act was passed that portion of *Section*16, *Chapter*27, *Revised Statutes,*conferring civil jurisdiction upon quarterly courts had been repealed by the adoption of the civil code of practice, and if the act be literally interpreted it conferred no jurisdiction whatever in civil cases upon the mayor of Newport.

*Fearons, Hawkins, Webster, for appellant. '*

Such an interpretation would have the effect of rendering it inoperative in this regard, and is, therefore, inadmissible.

We conclude that it was -the intention of the legislature to give to the mayor of said city jurisdiction similar to that given to quarterly courts by the revised statutes.

The note sued on was made payable to the “Cincinnati Mates’ Benevolent Association.” The warrant was taken out in the name of the “Mates’ Benevolent Association of ‘Cincinnati.” This variance, if fatal, should have 'been taken advantage of by motion to quash the writ. The warrant was merely the summons, the execution of which brought the appellant before the court. He could, and did, waive objection to the informality complained of. The plea that there is no such corporation as the “Mates Benevolent of Cincinnati” was not good. The plea was to the warrant of summons, and not to the note which constituted the pleadings of the appellee. It is not charged that there are two associations. The one bearing the title set out in the note. The plea was an attempt to make the case turn upon the clerical mistake of the mayor, and did not go to the merits of the controversy. The witness Carmony was not inconsistent. He had no direct or certain interest in the result of the litigation, and was no party to the action. Such interest as he may have had went to his credibility and not his competency.

The court properly refused to instruct the jury to find for the defendant, and as the instruction given for the appellee was not objected to, we can not here review it.

Judgment affirmed.
Exhibit 31.1



CERTIFICATION



I, Gordon F. Dugan, certify that:



| | 1. | I
have reviewed this Amendment No. 2 on Form 10-K/A of Gramercy Property Trust Inc. (the “registrant”);
| | -- | -------------------------------------------------------------------------------------------------------



| | 2. | Based
on my knowledge, this 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 report.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Date: April 29, 2014



| | /s/ GORDON F. DUGAN           
| | ------------------------------
| | Name: Gordon F. DuGan         
| | Title: Chief Executive Officer
UNITED STATES DISTRICT COURT

FOR THE Northern District of Illinois − CM/ECF LIVE, Ver 6.3.2

Eastern Division

Lucas Regan

Plaintiff,

v. Case No.: 1:20−cv−00486

Honorable Edmond E. Chang

Pinger, Inc.

Defendant.

NOTIFICATION OF DOCKET ENTRY

This docket entry was made by the Clerk on Thursday, February 20, 2020:

 MINUTE entry before the Honorable Edmond E. Chang: Plaintiff having filed a

notice of voluntary dismissal [18], the instant action is dismissed without prejudice,

pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), with each party to bear its own costs and fees.

Civil case terminated. Mailed notice (mw, )

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-00486 Document #: 19 Filed: 02/20/20 Page 1 of 1 PageID #:67
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###### Federal Mine Safety and Health Review Commission

# AGENCY:

Federal Mine Safety and Health Review Commission.

# ACTION:

Notice.

# SUMMARY:

This notice announces the appointment of the members of the Performance Review Board (PRB) for the Federal Mine Safety and Health Review Commission. The PRB reviews the performance appraisals of career and non-career senior executives. The PRB makes recommendations regarding proposed performance appraisals, ratings, bonuses, pay adjustments, and other appropriate personnel actions.

      ( print page 65937)    

# DATES:

Effective on November 6, 2014.

# FOR FURTHER INFORMATION CONTACT:

Lisa Boyd, Executive Director, Federal Mine Safety and Health Review Commission, (202) 434-9910.

# SUPPLEMENTARY INFORMATION:

This Notice announces the appointment of the following primary and alternate members to the Federal Mine Safety and Health Review Commission PRB:

## Primary Members

Cynthia Z. Springer, Deputy Commissioner, Accounting and Shared Services, Bureau of the Fiscal Service

Matthew J. Miller, Acting Assistant Commissioner, Governmentwide Accounting, Bureau of the Fiscal Service

D. Michael Linder, Deputy Assistant Commissioner, Fiscal Accounting, Bureau of the Fiscal Service

Douglas Anderson, Assistant Commissioner, Office of Shared Services, Bureau of the Fiscal Service

Donald Keith Rake, Deputy Assistant Commissioner, Office of Shared Services, Bureau of the Fiscal Service

## Alternate Members

None.

Authority:5 U.S.C. 4313(c)(4)

Lisa M. Boyd,

Executive Director, Federal Mine Safety and Health Review Commission.

[FR Doc. 2014-26416 Filed 11-5-14; 8:45 am]

BILLING CODE 6735-01-P