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

For the Eighth Circuit

___________________________

No. 11-3517

___________________________

United States of America

lllllllllllllllllllll Plaintiff - Appellee

v.

Nhan Nguyen

lllllllllllllllllllll Defendant - Appellant

____________

 Appeal from United States District Court 

for the Western District of Arkansas - Ft. Smith

____________

 Submitted: November 12, 2012

Filed: November 29, 2012

[Unpublished]

____________

 SMITH, BOWMAN, and BEAM, Circuit Judges.

____________

PER CURIAM.

Nhan Nguyen pleaded guilty to conspiring to distribute more than fifty grams

of a mixture or substance containing methamphetamine, 21 U.S.C. §§ 841(a)(1),
841(b)(1)(B)(viii), and 846, and the District Court1

 sentenced Nguyen to 125 months

in prison. On appeal, Nguyen challenges his sentence, arguing that the court erred in

adopting a base-offense level of 32 as recommended in the Presentence Investigation

Report without requiring the government to prove by reliable evidence a quantity of

methamphetamine attributable to him that supports a base-offense level of 32 under

the drug-quantity table at §2D1.1 of the U.S. Sentencing Guidelines Manual. 

We need not address Nguyen’s argument that the District Court’s drug-quantity

calculation was flawed because Nguyen’s sentence was based not on the quantity of

methamphetamine attributable to him but on the court’s conclusion that Nguyen is a

career offender—a conclusion that Nguyen does not challenge on appeal. See United

States v. Gaddy, 532 F.3d 783, 790 (8th Cir.) (“[W]e need not determine whether

sufficient evidence supports the district court’s finding because the drug quantity

finding was superseded by [the defendant’s] status as a career offender.”), cert. denied,

555 U.S. 1019 (2008); cf. United States v. Adams, 154 F. App’x 562 (8th Cir. 2005)

(unpublished per curiam) (holding that district court’s error in drug-quantity

calculation was harmless given defendant’s career-offender status). Thus, even if

Nguyen’s base-offense level had been determined on the lesser quantity of

methamphetamine that Nguyen argues is attributable to him, his sentencing range

under the advisory guidelines would still be driven by the higher base-offense level

applicable to Nguyen as a career offender. See U.S. Sentencing Guidelines Manual

§ 4B1.1. Accordingly, we reject Nguyen’s argument and affirm the judgment of the

District Court.

______________________________

1

The Honorable Robert T. Dawson, United States District Judge for the Western

District of Arkansas. 

-2-
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<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS CONTAINED IN THE BODY OF THE ACCOMPANYING FORM
10-Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH CONSOLIDATED
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                          11,217
<SECURITIES>                                         0
<RECEIVABLES>                                  118,358
<ALLOWANCES>                                     1,489
<INVENTORY>                                     88,194
<CURRENT-ASSETS>                               234,253
<PP&E>                                         414,694
<DEPRECIATION>                                  91,040
<TOTAL-ASSETS>                                 798,632
<CURRENT-LIABILITIES>                          107,284
<BONDS>                                        206,161
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     79,950
<COMMON>                                       108,141
<OTHER-SE>                                   (260,164)
<TOTAL-LIABILITY-AND-EQUITY>                   798,632
<SALES>                                        416,485
<TOTAL-REVENUES>                               416,485
<CGS>                                          337,226
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<INTEREST-EXPENSE>                              25,848
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<INCOME-TAX>                                       981
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<DISCONTINUED>                                       0
<EXTRAORDINARY>                               (11,250)
<CHANGES>                                            0
<NET-INCOME>                                  (18,693)
<EPS-BASIC>                                        0
<EPS-DILUTED>                                        0


</TABLE>
Exhibit 99.1
 PLIANT CORPORATION
Reconciliation of income from continuing operations before income taxes and EBITDA(R) or Segment
Profit and Pro Forma EBITDA
 3 Months Ended
    
    
    3 Months Ended
    
    
    9 Months Ended
    
    
    9 Months EndedAmounts in $ millions
    
    September 30, 2008
    
    
    September 30, 2007
    
    
    September 30, 2008
    
    
    September 30, 2007Income (loss) from continuing
operations before income taxes
    
    $
    (35.7
    )
    
    $
    19.1
    
    
    $
    (73.8
    )
    
    $
    1.4Add(deduct)Depreciation and amortization
    
    
    11.2
    
    
    
    10.7
    
    
    
    33.2
    
    
    
    33.8Interest
    
    
    23.1
    
    
    
    21.7
    
    
    
    68.6
    
    
    
    63.8Restructuring and other costs
    
    
    3.8
    
    
    
    5.4
    
    
    
    10.5
    
    
    
    7.2Reorganization and other costs
    
    
    0.1
    
    
    
    0.3
    
    
    
    0.1
    
    
    
    1.1Other operating costs
    
    
    
    
    
    
    
    
    
    
    0.1
    
    
    
    1.1Gain on extinguishment of debt
    
    
    
    
    
    
    (32.5
    )
    
    
    
    
    
    
    (32.5
    )EBITDA(R) or Segment Profit
    
    $
    2.5
    
    
    $
    24.7
    
    
    $
    38.7
    
    
    $
    75.9Plant closing cost savings
    
    
    2.2
    
    
    
    
    
    
    
    6.7
    
    
    
    Reduction in workforce cost savings
    
    
    0.3
    
    
    
    
    
    
    
    2.5
    
    
    
    Pro Forma EBITDA
    
    $
    5.0
    
    
    $
    24.7
    
    
    $
    47.9
    
    
    $
    75.9
**James
        Stafford**






**James
        Stafford, Inc.***
 **Chartered
        Accountants**
 Suite
        350
        - 1111 Melville Street
 Vancouver,
        British Columbia
 Canada
        V6E 3V6
 Telephone
        +1 604 669 0711
 Facsimile
        +1 604 669 0754
 *
        Incorporated professional, James Stafford, Inc.






**Consent
        of Independent Registered Public Accounting Firm**
 
 
 We
        consent to the incorporation of our report dated 23 July 2007, with respect
        to
        the consolidated balance sheet of Rotoblock Corporation as at 30 April 2007,
        and
        the related consolidated statements of operations, cash flows and changes
        in
        stockholders’ equity for the year then ended and for the period from the date of
        inception on 2 September 2003 to 30 April 2007 in the Form 10-KSB of Rotoblock
        Corporation dated 29 October 2007.
 
 
 /s/ *James
        Stafford*
 Vancouver,
        Canada **Chartered
        Accountants**
 
 29
        October 2007
EXHIBIT 12.1
------------

CERTIFICATION OF THE PRINCIPAL EXECUTIVE OFFICER
------------------------------------------------

I, Tor Olav Troim, certify that:

1. I have reviewed this annual report on Form 20-F of Ship Finance International
Limited;

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;

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

4. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(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 period
          covered by the annual report 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 of internal control over financial reporting, to the
registrant's auditors and the audit committee of the registrant's board of
directors (or persons performing the equivalent function):

     a)   all significant deficiencies and material weaknesses in the design or
          operation of internal control over financial reporting which are
          reasonably 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 or other
          employees who have a significant role in the registrant's internal
          control over financial reporting.


Date: June 27, 2006

/s/ Tor Olav Troim
--------------------------
Tor Olav Troim
Principal Executive Officer

SK 23153 0001 681182
**EXHIBIT31.1**

**CERTIFICATIONS**

I, Steven D. Hunt, certify that: 

1. I have reviewed this annualreport on Form 10-K of U.S. Premium Beef, LLC; 

2. Based on my knowledge, thisannual report does not contain any untrue statement of a material fact or omitto state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this report; 

3. Based on my knowledge, thefinancial statements, and other financial information included in this report,fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periodspresented in this report; 

4. The registrant's othercertifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have: 

a) designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared; 

b) evaluatedthe effectiveness 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) disclosedin this report any change in the registrant's internal control over financialreporting that occurred during the registrant's most recent fiscal quarter (theregistrant's fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant's internal control over financial reporting; and 

5. The registrant's othercertifying officer and I have disclosed, based on our most recent evaluation ofinternal control over financial reporting, to the registrant's auditors and theaudit committee of the registrant's board of directors (or persons performingthe equivalent functions): 

a) allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant's ability to record, process, summarize andreport financial information; and 

b) any fraud,whether or not material, that involves management or other employees who have asignificant role in the registrant's internal control over financial reporting.

|     |  |                                         |
|-----|--|-----------------------------------------|
| By: |  | /s/ Steven D. Hunt                      |
|     |  | Steven D. Hunt*Chief Executive Officer* |

Date: November 17, 2006 

** **
**Exhibit 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporation byreference in the Registration Statement (Form S-3 No. 333-132960) of W&T Offshore, Inc. and in the related Prospectus and the Registration Statements (Form S-8 Nos. 333-126251 and 333-126252) pertaining to the W&T Offshore, Inc.Long-Term Incentive Compensation Plan and the W&T Offshore, Inc. 2004 Directors Compensation Plan, respectively, of our reports dated February 27, 2009, with respect to the consolidated financial statements of W&T Offshore, Inc. andsubsidiaries, and the effectiveness of internal control over financial reporting of W&T Offshore, Inc. included in this Annual Report (Form 10-K) for the year ended December 31, 2008. 

/s/ ERNST & YOUNG LLP 

Houston,Texas 

February 27, 2009
**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 Annual Report of Otelco Inc. (the “Company”) on Form 10-K
      for the period ended December 31, 2005 as filed with the Securities and Exchange
      Commission on the date hereof (the “Report”), I, Michael D. Weaver, Chief
      Executive 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
      to my
      knowledge:




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.







/s/
                Michael D. WeaverMichael
                D. WeaverChief
                Executive OfficerMarch 15,
                2006





*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.*
# ORIGINAL

IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 23-0515 STATE OF MONTANA,

Plaintiffand Appellee, vs. TERRY LEE HAGBERG,

Defendant andAppellant. 

# FILED OCT 16 2023 Bowen Greenwood Clerk of Supreme Court State of 0,./Iontana GRANT
Pursuant to authority granted under Mont. R. App. P. 26(1), the Appellant is given an extension oftime until November 20, 2023, to prepare, file, and serve the Appellant's openingbrief. 10/17/2023

Case Number: DA 23-0515
Offer Letter From Netsolve to Julie A.Guillot Dated 12/10/03




  
 Exhibit 10.22

  
 Ms. Julie A. Guillot 
 3016 Edgewater Drive 
 Austin, TX 78733 
  
 December 10, 2003 
  
 Dear Julie:

  
 On behalf of NetSolve, Incorporated, I want to congratulate you on a well
earned promotion to the position of Vice President, Operations. Your work in the interim role as Vice President, Service Delivery has already helped the company to implement needed changes in raising our level of service to our customers.

  
 In the position of Vice President, Operations and as an officer of the
company, you will report to the Vice President of Service Delivery. Further you will continue to serve as a vital part of the Executive Leadership Team here at NetSolve. We would like you to formally assume this new role beginning on January 5,
2004. The compensation package is below. 
  
 The monthly base salary for this
position will be $14,166.67 ($170,000 on an annualized basis), and will be paid on a semi-monthly basis. Your Fiscal Year 2004 Key Contributor Incentive Compensation Plan will be targeted at 30% of your base salary. The attainment level of your
participation will be prorated to reflect the actual number of months (3) you participate in the plan in your new role through March 31, 2004. 
  
 As further incentive, on the effective date of assuming your new role you will be granted a stock option package to purchase up to 30,000 shares of NetSolve common stock,
under and subject to the terms of the NetSolve Long-Term Incentive Compensation Plan (Plan). The option package will also be subject to a Stock Option Agreement in the standard form previously approved by the NetSolve Board of Directors. The
exercise price of the option package will be the closing price of NetSolve common stock on the date the Board approves the grant. To the maximum extent allowable under applicable regulations the option will constitute an incentive stock option with
the remainder, if any, constituting a non-qualified stock option. 
  
 All of the
provisions of your original employment remain in effect, including holiday, vacation and benefits programs. 








 As with all our employees, if you should accept and then change your mind later, you can terminate your employment at
anytime for any or no reason, as can the Company, it being understood that your employment with the Company will be on an “at will” basis. 
  
 Please sign and date below to indicate your acceptance of this offer of employment and return one of the copies to me before the effective date of this promotion. The
other original copy is for your personal files. 
  
 Congratulations and let me
reaffirm the entire senior team’s excitement on your promotion! 
  

	
	 Sincerely,

	
	 /s/    Jeff Quade        

	
	 Jeff Quade

	 Vice President, Human Resources


  
 Enclosures 
  
 I accept his offer of
employment at NetSolve, Inc. 
  

			
	/s/    Julie A. Guillot	 	12/22/03        
	 Julie A Guillot
	 	 Date:
**Exhibit 32.2**

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2003**

 

In connection with the Quarterly Report of United Pan Am Financial Corp (the “Company”) on Form 10-Q for the period ending September 30, 2003 asfiled with the Securities and Exchange Commission on the date hereof (the “Report”), Garland Koch certifies in his capacity as Chief Financial Officer and Senior Vice President of the Company, pursuant to 18 U.S.C. § 1350, as adoptedpursuant to § 906 of the Sarbanes-Oxley Act of 2003, that to his knowledge: 

 

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

 

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

 

IN WITNESS WHEREOF, the undersigned has hereunto signed this Certification asof November 12, 2003 

 

/s/ Garland Koch

Garland Koch 

Chief Financial Officer and Sr. Vice President