alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Takaria Vashon MCCRAY, Defendant-Appellant.

No. 08-16448

Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

April 20, 2009.

Bernardo Lopez, Federal Public Defender, Ft. Lauderdale, FL, Kathleen M. Williams, Federal Public Defender, Miami, FL, for Defendant-Appellant.

Sally M. Richardson, Anne R. Schultz, Kathleen M. Salyer, U.S. Attorney’s Office, Miami, FL, for Plaintiff-Appellee.

Before TJOFLAT, BLACK and BARKETT, Circuit Judges.

*769PER CURIAM:

Pursuant to a plea agreement, Takaria Vashon McCray pled guilty on Décember 13, 2004, to possession with intent to distribute more than five grams of cocaine base (“crack cocaine”), in violation of 21 U.S.C. § 841(a). The Guidelines prescribed a sentence range of 188 to 235 months’ imprisonment, and, after making a downward departure from that range under U.S.S.G. § 5K1.1, the district court sentenced McCray on March 31, 2005, to prison term of 120 months.

On July 14, 2008, McCray moved the district court pursuant to 18 U.S.C. § 3582(c) to reduce his sentence based on Amendment 706 to the Guidelines, which provides for the reduction of base offense levels applicable to crack cocaine. The district court denied his motion on the ground that because he was sentenced as a career offender under U.S.S.G. § 4B1.1, Amendment 706 does not lower his base offense level. McCray now appeals the court’s ruling.

McCray concedes that our precedent forecloses his argument that the court should have reduced his sentence; he appeals simply to preserve the issue. His concession is well made since our precedent does foreclose his appeal. “Where a retroactively applicable guideline amendment reduces a defendant’s base offense level, but does not alter the sentencing range upon which his or her sentence was based, § 3582(c)(2) does not authorize a reduction in sentence.” *United States v. Moore,*541 F.3d 1323 (11th Cir.2008), *cert. denied, McFadden v. United States,*— U.S.-, 129 S.Ct. 965, 173 L.Ed.2d 156 (2009), *and cert. denied,*— U.S.-, 129 S.Ct. 1601, 173 L.Ed.2d 689 (2009). Because McCray’s sentencing range was calculated under the career offender provisions of § 4B1.1, rather than the drug quantity table in § 2D1.1, Amendment 706 does not have the effect of lowering McCray’s sentencing range.

AFFIRMED.
#### Jason NEEDLEMAN, as trustees and beneficiaries of the 1998 Needleman Irrevocable Trust, Josh Needleman, as trustees and beneficiaries of the 1998 Needleman Irrevocable Trust, Plaintiffs-Appellants, v. JOHN HANCOCK LIFE INSURANCE COMPANY, Defendant-Appellee.

No. 06-10389

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Oct. 30, 2006.

*374Arnold Anderson Vickery, Vickery & Waldner, Houston, TX, for Plaintiffs-Appellants.

Raymond Edouard Ladriere, II, Locke Liddell *&*Sapp, Dallas, TX, for Defendant-Appellee.

Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.

PER CURIAM: *

Plaintiffs Jason and Josh Needleman, acting as trustees of their late father’s estate, appeal from a district court’s order granting John Hancock’s motion for summary judgment on the affirmative defense of suicide. We affirm.

Michael Needleman died in a bathtub, shot in the chest with a .357 Magnum revolver. His wife witnessed the suicide, having discovered him in the bathroom, armed, redfaced, and crying. When she entered, he told her, “I wanted to do this before you got home.” After 45 minutes, with his wife by his side, he pulled the trigger.

The district court ruled that John Hancock had proved the affirmative defense of suicide as a matter of law, pretermitting a scheduled bench trial. Plaintiffs speculate that Needleman might have slipped in the bathtub, accidentally discharging his weapon. In support, Needleman’s son submits in an affidavit that the .357 Magnum has a hair trigger. There was a witnesses to the suicide, however. And Mrs. Needleman’s deposition testimony does not support the plaintiffs account. Mrs. Needleman was asked, “And what facts to you have to suggest that his elbow slipped?” She responded, “I do not have any facts.” When pressed further, she reiterated, “I know of no facts.”

Plaintiffs next argue that it would have been irrational for Needleman, a man who was wildly successful in business and in life, to have committed suicide. They offer mountains of evidence that Needleman loved his family and that they loved him. This evidence makes the case much sadder, but not closer.

The judgment of the district court is AFFIRMED.

*

 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.
EXHIBIT
31.1 CERTIFICATION
 
 I, Peter
Keefe, Chief Executive Officer , certify that:
 
 1.  I have
reviewed this quarterly report on Form 10-QSB of Earthworks Entertainment, Inc.;
 
 2. Based on
my knowledge, this quarterly 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 quarterly report;
 
 3.  Based on
my knowledge, the financial statements and other financial information included
in this quarterly 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 quarterly report;
 
 4.  The
registrant's other certifying officers and I are responsible for establishing
and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-14 and 15d-14) for the registrant and have:
 
 a)  Designed
such disclosure controls and procedures 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 quarterly report is being prepared;
 
 b)  Evaluated
the effectiveness of the registrant's disclosure controls and procedures as of a
date within 90 days prior to the filing date of this quarterly report (the
"Evaluation Date"); and
 
 c)  Presented
in this quarterly report our conclusions about the effectiveness of the
disclosure controls and procedures based on our evaluation as of the Evaluation
Date;
 
 5.  The
registrant's other certifying officers and I have disclosed, based on our most
recent evaluation, to the registrant's auditors and the audit committee of the
registrant's board of directors (or persons performing the equivalent
functions):
 
 a)  All
significant deficiencies in the design or operation of internal controls which
could adversely affect the registrant's ability to record, process, summarize
and report financial data and have identified for the registrant's auditors any
material weaknesses in internal controls; and
 
 b)  Any
fraud, whether or not material, that involves management or other employees who
have a significant role in the registrant's internal controls; and
 
 6.  The
registrant's other certifying officers and I have indicated in this quarterly
report whether or not there were significant changes in internal controls or in
other factors that could significantly affect internal controls subsequent to
the date of our most recent evaluation, including any corrective actions with
regard to significant deficiencies and material weaknesses.
 
 May
      18, 2005
    /s/
      PETER
      KEEFEPeter
      KeefeChief
      Executive Officer
EXHIBIT 23.1


            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM



The Board of Directors
Rimage Corporation:

We consent to incorporation by reference in the Registration Statements (Nos.
333-34788, 333-53875, 33-71472, 333-69550 and 333-106901) on Form S-8 of Rimage
Corporation of our reports dated March 14, 2005, with respect to the
consolidated balance sheets of Rimage Corporation and subsidiaries as of
December 31, 2004 and 2003, and the related consolidated statements of
operations, stockholders' equity and comprehensive income, cash flows for each
of the years in the three-year period ended December 31, 2004, as well as the
related financial statement schedule, management's assessment of the
effectiveness of internal control over financial reporting as of December 31,
2004 and the effectiveness of internal control over financial reporting as of
December 31, 2004, which reports appear in the December 31, 2004 annual report
on Form 10-K of Rimage Corporation.



/s/ KPMG LLP



Minneapolis, Minnesota
March 16, 2005
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<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY  FINANCIAL  INFORMATION FOR THE FISCAL YEAR ENDED
SEPTEMBER 30, 1996 EXTRACTED FROM THE REGISTRANT'S  ANNUAL REPORT ON FORM 10-KSB
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FORM 1O-KSB.

F1 -- This amount  represents  Basic  Earnings per Share in accordance  with the
requirements  of Statement of Financial  Accounting  Standards No. 128 "Earnings
per Share."

F2 -- This amount  represents  Diluted Earnings per Share in accordance with the
requirements of Statement of Financial Accounting Standards No. 128 - "Earnings
per Share."

</LEGEND>
<CIK>                         0000822418
<NAME>                        Bio-Imaging Technologies, Inc.
<MULTIPLIER>                                   1
<CURRENCY>                                     U.S. Dollars
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                              SEP-30-1996
<PERIOD-START>                                 OCT-01-1995
<PERIOD-END>                                   SEP-30-1996
<EXCHANGE-RATE>                                1
<CASH>                                         1,437,633
<SECURITIES>                                   0
<RECEIVABLES>                                  939,183
<ALLOWANCES>                                   60,000
<INVENTORY>                                    0
<CURRENT-ASSETS>                               2,329,276
<PP&E>                                         2,873,643
<DEPRECIATION>                                 1,674,700
<TOTAL-ASSETS>                                 3,534,071
<CURRENT-LIABILITIES>                          1,069,124
<BONDS>                                        99,878
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    104
<COMMON>                                       1,493
<OTHER-SE>                                     2,363,472
<TOTAL-LIABILITY-AND-EQUITY>                   3,534,071
<SALES>                                        0
<TOTAL-REVENUES>                               3,657,320
<CGS>                                          0
<TOTAL-COSTS>                                  1,284,180
<OTHER-EXPENSES>                               2,015,834
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             (24,818)
<INCOME-PRETAX>                                382,124
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            382,124
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   382,124
<EPS-PRIMARY>                                  0.06 <F1>
<EPS-DILUTED>                                  0.06 <F2>
        




</TABLE>
<PAGE>
 
                                   EXHIBIT 21

                         SUBSIDIARIES OF THE REGISTRANT

<TABLE> 
<CAPTION> 
Parent
------
<S>
HFB Financial Corporation

<CAPTION> 
                                                         State or Other
                                                         Jurisdiction of  Percentage
Subsidiaries (1)                                          Incorporation   Ownership
----------------                                         ---------------  ---------
<S>                                                      <C>              <C> 
   
Home Federal Bank, Federal Savings Bank                   United States      100%

<CAPTION> 
Subsidiary of Home Federal Bank, Federal Savings Bank
-----------------------------------------------------
<S>                                                      <C>              <C> 

Home Service Corporation                                    Kentucky         100%
</TABLE> 

_______________
(1)  The assets, liabilities and operations of the subsidiary are included in
     the consolidated financial statements contained in the Annual Report to
     Stockholders attached hereto as an exhibit.
Presidential Documents

25613 

Federal Register 

Vol. 74, No. 102 

Friday, May 29, 2009 

Title 3— 

The President 

Proclamation 8386 of May 26, 2009 

National Hurricane Preparedness Week, 2009 

By the President of the United States of America 

A Proclamation 

Each year, hurricanes threaten the safety of American families in coastal 

and inland communities. These powerful storms can cause heavy rainfall, 

high winds, tornadoes, and storm surges, which can in turn bring severe 

flooding, power outages, damage to homes and businesses, and loss of life. 

Awareness and preparation are critical to surviving and recovering from 

hurricanes. During National Hurricane Preparedness Week, I call on all 

Americans—including private citizens and those working in government, 

business, and the nonprofit sector—to plan ahead and help secure the safety 

and property of those who face advancing storms. 

Americans can take basic steps before a hurricane arrives. The Federal 

Emergency Management Agency and the National Hurricane Center recommend developing a family disaster plan, creating and maintaining a disaster supply kit, securing one’s home, and designating a safe place to go 

during a storm. Throughout a storm, individuals should always remain 

aware of weather conditions. More information on precautionary measures 

is available at www.nhc.noaa.gov/HAW2/english/intro.shtml. 

Organizations at the local, State, and national level play important roles 

to protect Americans from the effects of hurricanes. Rescue and relief organizations, the private sector, and the news media work to meet demands 

that emerge before, during, and after a hurricane. Among other services, 

they distribute safety information and help coordinate relief activities. My 

Administration is committed to strengthening these efforts and is working 

every day to prepare for hurricanes and their potential impacts on everyone 

in the United States. 

The threat hurricanes pose to lives and property cannot be eliminated, 

but preparedness can reduce the dangers these storms pose for our families 

and communities. 

NOW, THEREFORE, I, BARACK OBAMA, President of the United States 

of America, by virtue of the authority vested in me by the Constitution 

and laws of the United States do hereby proclaim May 24 through May 

30, 2009, as National Hurricane Preparedness Week. I call upon government 

agencies, private organizations, media, community groups, schools, and residents of hurricane-prone areas to share information about hurricane preparedness and response to help protect communities and save lives. 


tjames on PRODPC75 with MISCELLANEOUS
25614 Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Presidential Documents 

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth 

day of May, in the year of our Lord two thousand nine, and of the Independence of the United States of America the two hundred and thirty-third. 

[FR Doc. E9–12648 

Filed 5–28–09; 8:45 am] 

Billing code 3195–W9–P 


tjames on PRODPC75 with MISCELLANEOUSOB#1.EPS</GPH>
[Federal Register Volume 74, Number 203 (Thursday, October 22, 2009)]
[Notices]
[Page 54585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25413]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Center for Scientific Review; Amended Notice of Meeting

    Notice is hereby given of a change in the meeting of the Center for 
Scientific Review Special Emphasis Panel, November 4, 2009, 8 a.m. to 
November 4, 2009, 5 p.m., Hyatt Regency Bethesda, One Bethesda Metro 
Center, 7400 Wisconsin Avenue, Bethesda, MD, 20814 which was published 
in the Federal Register on October 2, 2009, 74 FR 50975-50977.
    The meeting will be held November 5, 2009. The meeting time and 
location remain the same. The meeting is closed to the public.

    Dated: October 15, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. E9-25413 Filed 10-21-09; 8:45 am]
BILLING CODE 4140-01-P
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2497 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2497

 To provide for the liquidation or reliquidation of certain entries of 
 manufacturing equipment entered on or after May 11, 1997, and before 
                           October 21, 1998.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 29, 2009

  Mr. Graham introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
 To provide for the liquidation or reliquidation of certain entries of 
 manufacturing equipment entered on or after May 11, 1997, and before 
                           October 21, 1998.

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

SECTION 1. LIQUIDATION OR RELIQUIDATION OF CERTAIN MANUFACTURING 
              EQUIPMENT ENTERED ON OR AFTER MAY 11, 1997, AND BEFORE 
              OCTOBER 21, 1998.

    (a) In General.--Notwithstanding sections 514 and 520 of the Tariff 
Act of 1930 (19 U.S.C. 1514 and 1520) or any other provision of law, 
not later than 90 days after the receipt of the request described in 
subsection (b), any article--
            (1) that was entered, or withdrawn from warehouse for 
        consumption--
                    (A) on or after May 11, 1997; and
                    (B) before October 21, 1998; and
            (2) with respect to which heading 9902.84.79 (as in effect 
        on December 31, 2001), 9902.84.85, or 9902.84.91 of the 
        Harmonized Tariff Schedule of the United States would have 
        applied if such article had been entered, or withdrawn from 
        warehouse for consumption, on December 31, 2001,
shall be liquidated or reliquidated as if heading 9902.84.79 (as in 
effect on December 31, 2001), 9902.84.85, or 9902.84.91, whichever is 
applicable, applied to such entry or withdrawal, and U.S. Customs and 
Border Protection shall refund any excess duty paid with respect to 
such entry.
    (b) Requests.--Liquidation or reliquidation may be made under 
subsection (a) with respect to any entry only if a request therefor is 
filed with U.S. Customs and Border Protection, not later than 180 days 
after the date of enactment of this Act, that contains sufficient 
information to enable U.S. Customs and Border Protection--
            (1) to locate the entry; or
            (2) to reconstruct the entry if it cannot be located.
                                 <all>
```