alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).

*** The Honorable G. Murray Snow, United States District Judge for the

District of Arizona, sitting by designation.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

RICKY DALTON WALKER,

 Defendant - Appellant.

No. 09-30247

D.C. No. 2:08-CR-06056-LRS-1

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of Washington

Lonny R. Suko, Chief District Judge, Presiding

Submitted March 10, 2010** 

Seattle, Washington

Before: FISHER and BERZON, Circuit Judges, and SNOW, District Judge.***

Defendant-Appellant Ricky Dalton Walker pled guilty to being a felon in

possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), for which the district

FILED

APR 14 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2

court imposed a within-Guidelines 96-month prison sentence. Walker now appeals

his sentence, and we affirm. 

The district court’s sentencing was free of procedural error. Because

Walker’s arguments were “conceptually simple,” the district court did not abuse its

discretion by imposing a within-Guidelines sentence after hearing Walker’s

arguments and then “brief[ly]” finding these arguments insufficient. Rita v. United

States, 551 U.S. 338, 358–59 (2007). The district court was not required to offer a

more extensive discussion of the section 3553(a) factors merely because the court

noted that the other section 3553(a) factors “overshadow[ed]” Walker’s

Guideline-based objections. In analyzing the section 3553(a) factors, the district

court appropriately listed each factor on the record and then properly considered

facts relevant to these factors. See United States v. Sylvester Norman Knows His

Gun III, 438 F.3d 913, 918 (9th Cir. 2006).

The district court’s sentence is also substantively reasonable. The court

reasonably applied the altered or obliterated serial number enhancement under

U.S.S.G. § 2K2.1(b)(4)(B) because the serial number was partially obliterated and

the enhancement applies even when a defendant lacks knowledge of the alteration. 

See U.S.S.G. § 2K2.1 cmt. n.8(B); United States v. Carter, 421 F.3d 909, 911–13

(9th Cir. 2005). The court reasonably applied the prior controlled substance
3

offense enhancement under U.S.S.G. § 2K2.1(a)(4) because Walker has made no

showing that his prior offense “is different in kind and degree from, or outside of

the norm of, other offenses . . . that similarly trigger the . . . enhancement.” United

States v. Sanchez-Rodriguez, 161 F.3d 556, 561 (9th Cir. 1998) (en banc). 

Walker’s sentence is not substantively unreasonable under United States v.

Amezcua-Vasquez, 567 F.3d 1050 (9th Cir. 2009).

AFFIRMED.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 449 Enrolled Bill (ENR)]

        S.449

                       One Hundred Ninth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six

                                 An Act

 
To facilitate shareholder consideration of proposals to make Settlement 
Common Stock under the Alaska Native Claims Settlement Act available to 
   missed enrollees, eligible elders, and eligible persons born after 
               December 18, 1971, and for other purposes.

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

SECTION 1. TECHNICAL AMENDMENT TO ALASKA NATIVE CLAIMS SETTLEMENT ACT.

    Section 36(d)(3) of the Alaska Native Claims Settlement Act (43 
U.S.C. 1629b) is amended--
        (1) by striking ``(d)(3)'' and inserting ``(3)'';
        (2) in the matter preceding subparagraph (A), by striking ``of 
    this section'' and inserting ``or an amendment to articles of 
    incorporation under section 7(g)(1)(B)'';
        (3) in subparagraph (A)--
            (A) by striking ``, or'' and inserting ``; or''; and
            (B) by striking ``such resolution'' and inserting ``the 
        resolution or amendment to articles of incorporation''; and
        (4) in subparagraph (B), by striking ``such resolution'' and 
    inserting ``the resolution or amendment to articles of 
    incorporation''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 423 Introduced in Senate (IS)]

109th CONGRESS
  1st Session
                                 S. 423

  To amend title 38, United States Code, to make a stillborn child an 
  insurable dependent for purposes of the Servicemembers' Group Life 
                           Insurance program.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 17, 2005

 Mr. Santorum (for himself and Mrs. Landrieu) introduced the following 
 bill; which was read twice and referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 A BILL

 
  To amend title 38, United States Code, to make a stillborn child an 
  insurable dependent for purposes of the Servicemembers' Group Life 
                           Insurance program.

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

SECTION 1. TREATMENT OF STILLBORN CHILDREN AS INSURABLE DEPENDENTS 
              UNDER SERVICEMEMBERS' GROUP LIFE INSURANCE PROGRAM.

    (a) Treatment.--Section 1965 of title 38, United States Code, is 
amended--
            (1) in paragraph (10), by adding at the end the following 
        new subparagraph:
                    ``(C) The member's stillborn natural child.''; and
            (2) by adding at the end the following new paragraph:
            ``(11)(A) Except as provided in subparagraph (B), the term 
        `stillborn natural child' means a natural child--
                    ``(i) whose death occurs before expulsion, 
                extraction, or delivery; and
                    ``(ii) whose--
                            ``(I) fetal weight is greater than 500 
                        grams;
                            ``(II) in the event fetal weight is 
                        unknown, duration in utero exceeds 22 completed 
                        weeks of gestation; or
                            ``(III) in the event neither fetal weight 
                        nor duration in utero is known, body length 
                        (crown-to-heel) is 25 centimeters or more.
            ``(B) The term does not include any fetus or child 
        extracted for purposes of an abortion.''.
    (b) Conforming Amendment.--Section 101(4)(A) of such title is 
amended by striking ``section 1965(10)(B)'' in the matter preceding 
clause (i) and inserting ``subparagraph (B) or (C) of section 
1965(10)''.
                                 <all>
```
#### In the Matter of Curtis Owens, Petitioner, v Brian Fischer, as Commissioner of Corrections and Community Supervision, Respondent.

[963 NYS2d 604]

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was charged in two misbehavior reports with several disciplinary rule violations. The first resulted from petitioner wearing an improper T-shirt in the mess hall. The second stemmed from an incident that occurred shortly thereafter, when petitioner left the mess hall without permission and turned in a threatening manner to face correction officers who had repeatedly directed him to stop. Following a tier III disciplinary hearing addressing both reports, petitioner was found guilty of refusing a direct order, making threats, leaving an assigned area, a movement regulation violation, and being untidy. The determination was affirmed upon administrative appeal, and this CPLR article 78 proceeding ensued.

Respondent initially concedes that the portion of the determination finding petitioner guilty of being untidy cannot be sustained. We agree that the determination must be annulled to that extent but, inasmuch as petitioner lost no good time and has already served the penalty imposed, remittal is not required *(see Matter of DeJesus v Prack,*93 AD3d 985, 986 [2012]).

Substantial evidence, in the form of the detailed second misbehavior report and the testimony of the officers involved in the incident, supports the remainder of the determination *(see Matter of Amaker v Bezio,*98 AD3d 1146, 1146 [2012]; *Matter of Walker v Bezio,*96 AD3d 1268, 1268 [2012]). Any discrepancies between the report and the testimony of its author presented a *1285credibility issue for the Hearing Officer to resolve (see *Matter of Pena v Selsky,*53 AD3d 938, 939 [2008]; *Matter of Smith v Goord,*275 AD2d 827, 828 [2000]). Petitioner’s remaining arguments have been considered and found to be without merit.

Peters, P.J., Lahtinen, Spain and Egan Jr., JJ., concur.

Adjudged that the determination is modified, without costs, by annulling so much thereof as found petitioner guilty of being untidy; petition granted to that extent and respondent is directed to expunge all references thereto from petitioner’s institutional record; and, as so modified, confirmed.
QuickLinks
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Exhibit 10.11    
    


COASTAL BANCSHARES ACQUISITION CORP. 


August
3, 2004 


Coastal
Acquisition, LLC

9821 Katy Freeway, Suite 500

Houston, Texas 77024 


Gentlemen:



        This
letter will confirm our agreement that, commencing on the effective date ("Effective Date") of the registration statement for the initial public offering ("IPO") of the securities
of Coastal Bancshares Acquisition Corp. (the "Company") and continuing (i) until the consummation by the Company of a "Business Combination" (as described in the Company's IPO prospectus),
(ii) 18 months from commencement of the IPO if the Company does not effect a business combination, or (iii) 24 months from the consummation of the IPO if a letter of
intent, agreement in principle or definitive agreement has been executed within 18 months of commencement of the IPO and the Company has not effected a business combination, Coastal Acquisition
LLC shall make available to the Company certain office and secretarial services as may be required by the Company from time to time, situated at 9821 Katy Freeway, Suite 500, Houston, Texas 77024. In
exchange therefore, the Company shall pay Coastal Acquisition LLC the sum of $7,500 per month on the Effective Date and continuing monthly thereafter. 



	 	 	Very truly yours,
	

 	
 	

COASTAL BANCSHARES ACQUISITION CORP.
	

 	
 	

By:	

/s/  W. DONALD BRUNSON      

	 	 	Name:	W. Donald Brunson
	 	 	Title:	President





AGREED
TO AND ACCEPTED BY: 


COASTAL
ACQUISITION, LLC 



	

By:	
 	

/s/  CARY GROSSMAN      
	
 	

 
	Name:	 	Cary Grossman	 	 
	Title:	 	President	 	 













QuickLinks



Exhibit 10.11
#### UNITED STATES of America, Plaintiff-Appellee v. Dannie INGRAM, Defendant-Appellant.

No. 08-40835

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

May 15, 2009.

John Malcolm Bales, Assistant U.S. Attorney, U.S. Attorney’s Office Eastern District of Texas, Lufkin, TX, for Plaintiff-Appellee.

G. Patrick Black, Federal Public Defender, Federal Defender’s Office Eastern District of Texas, Tyler, TX, for Defendant-Appellant.

*383Before HIGGINBOTHAM, BARKSDALE, and ELROD, Circuit Judges.

PER CURIAM: *

Dannie Ingram pleaded guilty in 2001 pursuant to a written plea agreement to one count of possession with intent to distribute and distribution of cocaine base (crack cocaine) in violation of 21 U.S.C. § 841(a)(1), and he was sentenced to a 198-month term of imprisonment. He appeals the district court’s denial of his 18 U.S.C. § 3582(c)(2) motion for a reduction of sentence. We review the denial of a § 3582 motion for abuse of discretion.1

Ingram’s argument that the district court should be able to exercise *Booker*discretion to resentence him rests on the false premise that § 3582 applies to his situation at all. “Section 3582(c)(2) permits a district court to reduce a term of imprisonment when it is based upon *a sentencing range that has subsequently been lowered by an amendment to the Guidelines,*if such a reduction is consistent with the policy statements issued by the Sentencing Commission.”2 This statute clearly is inapplicable to Ingram, whose sentencing range has not subsequently been lowered by Guidelines amendment. Amendment 706 reduced the base offense levels set forth in U.S.S.G. § 2Dl.l(c) applicable to most crack cocaine offenses.3 But a reduction in Ingram’s base offense level under § 2D1.1 pursuant to Amendment 706 would not affect his guidelines range because the range was calculated under § 4B1.1, the career offender guideline. Because Ingram’s guidelines range was not derived from the quantity of crack cocaine involved in the offense, he was not sentenced based on a sentencing range that was subsequently lowered by the Sentencing Commission.4

The district court did not abuse its discretion in denying Ingram’s motion for a reduction of sentence. Its judgment is AFFIRMED, the Government’s motion for summary affirmance is GRANTED, and the Government’s motion for an extension of time is DENIED as moot.

*

 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.

1

. *U.S.*v. *Boe,*117 F.3d 830, 831 (5th Cir.1997).

2

. *U.S. v. Gonzalez-Balderas,*105 F.3d 981, 982 (5th Cir.1997) (emphasis added).

3

. *See U.S. v. Burns,*526 F.3d 852, 861 (5th Cir.2008).

4

. *See*§ 3582(c)(2).
<PAGE>


                                                                    Exhibit 32.2


                                CERTIFICATION OF
                             CHIEF FINANCIAL OFFICER
                        OF MISSION RESOURCES CORPORATION

This certification is provided pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, 18 U.S.C. Section 1350, and accompanies the quarterly report on Form
10-Q (the "FORM 10-Q") for the quarter ended September 30, 2003 of Mission
Resources Corporation (the "ISSUER").

I, Richard W. Piacenti, the Chief Financial Officer of the Issuer, certify that:

      (i)   the Form 10-Q fully complies with the requirements of section 13(a)
            or section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
            78m(a) or 78o(d)); and

      (ii)  the information contained in the Form 10-Q fairly presents, in all
            material respects, the financial condition and results of operations
            of the Issuer.


      Dated:  November 13, 2003                   /s/ Richard W. Piacenti
              -----------------                   ------------------------


Subscribed and sworn to before me
this 13 day of November 2003



/s/  Carmen M. Garcia
---------------------


Notary Public in and for the
State of Texas

My commission expires: May 15, 2006





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



EXHIBIT 99.1
 INCO LIMITED ANNOUNCES NEW CHIEF FINANCIAL OFFICER




---



##### 



This news release contains forward-looking statements concerning changes in Incos Chief
Financial Officer position. Inherent in those statements are known and unknown risks,
uncertainties and other factors well beyond the Companys ability to control or predict. Actual
results and developments may differ materially from those contemplated by these statements
depending on, among others, the risk factors listed from time to time in the Companys reports
filed with the U.S. Securities and Exchange Commission. The forward-looking statements included in
this release represent the Companys views as of the date of this release. While the Company
anticipates that subsequent events and developments may cause the Companys views to change, the
Company specifically disclaims any obligation to update these forward-looking statements. These
forward-looking statements should not be relied upon as representing the Companys views as of any
date subsequent to the date of this release.
 
  For further information:Investor Relations:
    
    Sandra Scott (416) 361-7758Media Relations:
    
    Steve Mitchell (416) 361-7950or www.inco.com
[Federal Register Volume 74, Number 89 (Monday, May 11, 2009)]
[Notices]
[Page 21787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10840]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN: 0648-XP12


New England Fishery Management Council; Public Meeting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of a public meeting.

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

SUMMARY: The New England Fishery Management Council (Council) is 
scheduling a public meeting of its Research Steering Committee 
(Committee), in May, 2009, to consider actions affecting New England 
fisheries in the exclusive economic zone (EEZ). Recommendations from 
this group will be brought to the full Council for formal consideration 
and action, if appropriate.

DATES: The meeting will be held on Wednesday, May 27, 2009, at 9:30 
a.m.

ADDRESSES: The meeting will be held at the Sheraton Ferncroft, 50 
Ferncroft Road, Danvers, MA 01923; telephone: (978) 777-2500; fax: 
(978) 750-7959.
    Council address: New England Fishery Management Council, 50 Water 
Street, Mill 2, Newburyport, MA 01950.

FOR FURTHER INFORMATION CONTACT: Paul J. Howard, Executive Director, 
New England Fishery Management Council; telephone: (978) 465-0492.

SUPPLEMENTARY INFORMATION: The Council's Research Steering Committee 
will meet to discuss funding processes, priorities and opportunities 
for cooperative research in New England. Planning for new initiatives 
may be discussed as well as practical elements such as institutional 
collaboration, funding mechanisms and participation in research 
projects.
    Although non-emergency issues not contained in this agenda may come 
before this group for discussion, those issues may not be the subject 
of formal action during this meeting. Action will be restricted to 
those issues specifically listed in this notice and any issues arising 
after publication of this notice that require emergency action under 
section 305(c) of the Magnuson-Stevens Act, provided the public has 
been notified of the Council's intent to take final action to address 
the emergency.

Special Accommodations

    This meeting is physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to Paul J. Howard, Executive Director, at (978) 465-
0492, at least 5 days prior to the meeting date.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: May 5, 2009.
William D. Chappell,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-10840 Filed 5-8-09; 8:45 am]
BILLING CODE 3510-22-S
FIS Tax Logo
                
                FIS
      Tax Services
                  3100
      New York Drive, Suite 100
                  Pasadena,
      CA 91107
                  tel:
      626.345.2010 ·
      866-457.4112
                  fax:
      626.398.5205
  Management Compliance
Statement


Management
of FIS Tax Services (FIS) and formerly known as LSI Tax Services, is responsible
for assessing compliance with applicable servicing criteria set forth in Item
1122(d) of Regulation AB of the Securities and Exchange Commission relating to
residential mortgage loans (the Platform), except for General Servicing
Consideration criteria (i) - (iv), Cash Collections and Administration (i) -
(vii), Investor Remittances and Reporting (i) - (iv), and Pool Asset
Administration (i) - (x), (xiv), and (xv), which FIS has determined are not
applicable to the activities it performs with respect to the
Platform.


FIS'
management has assessed the effectiveness of the Company's compliance with the
applicable servicing criteria as of and for the year ended 2007. In making this
assessment, management used the criteria set forth by the Securities and
Exchange Commission in paragraph (d) of Item 1122 of Regulation AB. FIS has
determined the following servicing criteria in paragraph (d)(4) of Item 1122 are
applicable to the activities it performed with respect to the
Platform:


(xi)
              Payments
      made on behalf of an obligor (such as tax or insurance payments) are made
      on or before the related penalty or expiration dates, as indicated on the
      appropriate bills or notices for such payments, provided that such support
      has been received by the servicer at least 30 calendar days prior to these
      dates, or such other number of days specified in the transaction
      agreements.


(xii)
              Any
      late payment penalties in connection with any payment to be made on behalf
      of an obligor are paid from the servicer's funds and not charged to the
      obligor, unless the late payment was due to the obligor's error or
      omission.


(xiii)
              Disbursements
      made on behalf of an obligor are posted within two business days to the
      obligor's records maintained by the servicer, or such other number of days
      specified in the transaction
agreements.
  Based on
such assessment, management believes that, as of and for the year ended December
31, 2007, FIS has complied in all material respects with the servicing criteria
set forth in Item 1122(d) of Regulation AB of the Securities and Exchange
Commission relating to the servicing of the Platform.


KPMG LLP,
a registered public accounting firm, has issued an attestation report with
respect to management's assessment of compliance with the applicable servicing
criteria as of and for the year ended 2007.




To the
best of my knowledge and belief, based on such assessment, FIS has fulfilled all
of its applicable
obligations throughout the reporting period.




/s/
      Darryl A. De BondDarryl
      A. De Bond
                Executive
      Vice President
                
                January 05,
2008