alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

The Honorable Catherine D. Perry, United States District

Judge for the Eastern District of Missouri.

___________

No. 96-1049

___________

United States of America, *

 *

Appellee, *

 * Appeal from the United States

v. * District Court for the

 * Eastern District of Missouri.

William Ray Christal, *

 * [UNPUBLISHED]

Appellant. *

___________

 Submitted: December 6, 1996

 Filed: December 16, 1996 ___________

Before BEAM, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________

PER CURIAM.

William Ray Christal appeals the 78-month sentence imposed by

the district court1 after he pleaded guilty to possessing

methamphetamine with intent to distribute. Through counsel,

Christal contends the court improperly calculated his offense level

because the government failed to prove his offense involved dmethamphetamine. In pro se supplemental briefs, Christal also

challenges the assessment of a two-level increase for possessing a

weapon under U.S. Sentencing Guidelines Manual § 2D1.1(b)(1)(1995),

and asserts his counsel in the district court was ineffective. We

affirm for the following reasons.

First, Christal may not now challenge his base offense level

because he stipulated in his plea agreement to possessing 19.44
-2-

grams of actual methamphetamine, with a resulting base offense

level of 26. See United States v. Early, 77 F.3d 242, 244 (8th

Cir. 1996) (per curiam) (defendant cannot challenge Guidelines

application on appeal where defendant's plea agreement expressly

set forth base offense level and type of controlled substance);

United States v. Durham, 963 F.2d 185, 187 (8th Cir.) (specific

challenges to sentence waived by virtue of stipulations in plea

agreement), cert. denied, 506 U.S. 1023 (1992).

Second, the district court did not clearly err in assessing

the section 2D1.1(b)(1) increase. See United States v. Betz, 82

F.3d 205, 210 (8th Cir. 1996) (standard of review). The

investigating officer found Christal in the living room and a

loaded 9mm semi-automatic handgun on top of a dresser in the

bedroom where the drugs were located. The proximity of Christal,

the drugs, and the handgun established a sufficient nexus between

the handgun and Christal's criminal activity. See U.S. Sentencing

Guidelines Manual § 2D1.1(b)(1), comment. (n.3) (1995) (increase

applies if weapon was present, unless clearly improbable that

weapon was connected with offense); United States v. Payne, 81 F.3d

759, 763 (8th Cir. 1996); United States v. Richmond, 37 F.3d 418,

420 (8th Cir. 1994), cert. denied, 115 S. Ct. 1163 (1995).

Christal's claim that the weapon belonged to someone else is

unavailing. See Payne, 81 F.3d at 762 (ownership not required for

§ 2D1.1(b)(1) enhancement). 

Finally, Christal's ineffective-assistance claim should be

raised in a 28 U.S.C. § 2255 proceeding where the record can be

properly developed. See United States v. Kenyon, 7 F.3d 783, 784-

85 (8th Cir. 1993).

Accordingly, we affirm the judgment of the district court.
-3-

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
#### In the Matter of Riven Flamenbaum, Deceased. Vorderasiatisches Museum, Respondent; Hannah K. Flamenbaum, Appellant; Israel Flamenbaum, Objectant-Respondent.

Submitted October 15, 2012;

decided October 18, 2012

*1041Motion by Archaeological Institute of America et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-7065
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ANTHONY D. HARRELL, Defendant - Appellant. Appeal from the United States District Court for the District ofMaryland, at Greenbelt. Peter J. Messitte, District Judge. (CR94-201-PJM, CA-95-3799-PJM) Submitted: October 7, 1997 Decided: October 23, 1997 Before HALL, NIEMEYER, and WILLIAMS, Circuit Judges. Affirmed by unpublished per curiam opinion. Anthony D. Harrell, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Anthony D. Harrell appeals the district court's order denying his 28 U.S.C. § 2255 (1994) (current version at 28 U.S.C.A. § 2255 (West 1994 & Supp. 1997)) motion. We affirm. Harrell pleaded guilty to aiding and abetting the interference with commerce by robbery. We note that Harrell does not ask that his guilty plea be set aside. To the extent that he does attack the validity of his guilty plea, our review of the record reveals that Harrell cannot show that, but for counsel's alleged errors, he would have pleaded not guilty and gone to trial. See Hill v. Lockhart , 474 U.S. 52, 59 (1985). Harrell's main complaint is that there are inaccuracies in his presentence report. However, he never specifically identifies the alleged inaccuracies. His conclusory claim cannot serve as the basis for relief under § 2255. We accordingly affirm the judgment of the district court. We dispense with oral argument because the facts and legal contentions are fully presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
<TABLE> <S> <C>

<ARTICLE>                           5
<CIK>                               0000854062
<NAME>                              GEODYNE ENERGY INCOME LTD PSHIP II-H

<S>                                 <C>
<PERIOD-TYPE>                       9-MOS
<FISCAL-YEAR-END>                   DEC-31-1999
<PERIOD-START>                      JAN-01-1999
<PERIOD-END>                        SEP-30-1999
<CASH>                                     120,620
<SECURITIES>                                     0
<RECEIVABLES>                              152,247
<ALLOWANCES>                                     0
<INVENTORY>                                      0
<CURRENT-ASSETS>                           272,867
<PP&E>                                   5,705,266
<DEPRECIATION>                           4,774,848
<TOTAL-ASSETS>                           1,227,034
<CURRENT-LIABILITIES>                       11,422
<BONDS>                                          0
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<PREFERRED>                                      0
<COMMON>                                         0
<OTHER-SE>                               1,203,549
<TOTAL-LIABILITY-AND-EQUITY>             1,227,034
<SALES>                                    618,940
<TOTAL-REVENUES>                           621,996
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<TOTAL-COSTS>                              387,978
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<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                               234,018
<EPS-BASIC>                                 2.37
<EPS-DILUTED>                                    0



</TABLE>
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 Quarterly Report of LifeCare Holdings, Inc. (the Company) on Form 10-Q for the quarter ended September 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, G.
Wayne McAlister, 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 220, that:



| | (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 position and results of operations of the Company.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------

Date: November 14, 2008



/s/ G. WAYNE McALISTERG. Wayne McAlisterChief Executive Officer




37
To the Trustees and Shareholders of
Eastern Utilities Associates:


We consent to the incorporation by reference in the registration statements of
Eastern Utilities Associates on Forms S-4 and S-8 (File No. 33-50099 and 33-
49897, respectively) of our reports dated March 5, 1999, on our audits of the
consolidated financial statements and financial statement schedules of Eastern
Utilities Associates and subsidiaries as of December 31, 1998 and 1997, and
for the years ended December 31, 1998, 1997 and 1996, which reports are
incorporated by reference or included in this Annual Report on Form 10-K.



                                        PricewaterhouseCoopers L.L.P.




Boston, Massachusetts
March 15, 1999
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from Swift Energy
Income Partners 1987-B, Ltd.'s balance sheet and statement of operations con-
tained in its Form 10-Q for the quarter ended June 30, 1997 and is qualified in
its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-END>                                   JUN-30-1997
<CASH>                                         1,473
<SECURITIES>                                   0
<RECEIVABLES>                                  296,437
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               307,034
<PP&E>                                         24,808,581
<DEPRECIATION>                                 (20,719,019)
<TOTAL-ASSETS>                                 4,396,596
<CURRENT-LIABILITIES>                          203,771
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     3,974,788
<TOTAL-LIABILITY-AND-EQUITY>                   4,396,596
<SALES>                                        225,825
<TOTAL-REVENUES>                               229,771
<CGS>                                          0
<TOTAL-COSTS>                                  412,011<F1>
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                (241,577)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (241,577)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (241,577)
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0
<FN>
<F1>Includes lease operating expenses, production taxes and depreciation,
depletion and amortization expense.  Excludes general and administrative and
interest expense.
</FN>
        


</TABLE>
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Treasury

###### Internal Revenue Service 

# AGENCY:

Internal Revenue Service (IRS), Treasury. 

# ACTION:

Notice of meeting. 

# SUMMARY:

An open meeting of the Area 2 Taxpayer Advocacy Panel will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service. 

# DATES:

The meeting will be held Wednesday, February 18, 2009. 

# FOR FURTHER INFORMATION CONTACT:

Donna Powers at 1-888-912-1227, or 954-423-7977. 

# SUPPLEMENTARY INFORMATION:

                    Notice is hereby given pursuant to section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Area 2 Taxpayer Advocacy Panel will be held Wednesday, February 18, 2009, at 2:30 p.m. Eastern Time. For more information please contact Donna Powers. Ms. Powers may be reached at 1-888-912-1227 or 954-423-7977, or you can write to Donna Powers, TAP Office, 1000 South Pine Island Road, Suite 340, Plantation, FL 33324, or post comments to the Web site:                     *http://www.improveirs.org.*

The agenda will include the following: Various IRS issues. 

Dated: December 22, 2008. 

Roy L. Block, 

Acting Director, Taxpayer Advocacy Panel. 

 [FR Doc. E9-145 Filed 1-8-09; 8:45 am] 

BILLING CODE 4830-01-P
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
STATEMENT OF INCOME FOR THE YEAR ENDED DECEMBER 31, 1995 AND THE BALANCE SHEET
AT DECEMBER 31, 1995 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-START>                             JAN-01-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                      646<F1>
<ALLOWANCES>                                        61
<INVENTORY>                                         16
<CURRENT-ASSETS>                                   822<F1>
<PP&E>                                           9,275
<DEPRECIATION>                                   5,145
<TOTAL-ASSETS>                                   5,019<F1>
<CURRENT-LIABILITIES>                            1,142<F1>
<BONDS>                                          1,432
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,595
<OTHER-SE>                                       (217)<F1>
<TOTAL-LIABILITY-AND-EQUITY>                     5,019<F1>
<SALES>                                              0
<TOTAL-REVENUES>                                 3,428
<CGS>                                                0
<TOTAL-COSTS>                                    2,578<F1>
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 121
<INCOME-PRETAX>                                    731
<INCOME-TAX>                                       305
<INCOME-CONTINUING>                                426
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                    (3)
<CHANGES>                                            0
<NET-INCOME>                                       423
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>RESTATED AS A RESULT OF THE MERGER OF BELL ATLANTIC CORPORATION AND NYNEX
CORPORATION COMPLETED ON AUGUST 14, 1997 AND ACCOUNTED FOR AS A POOLING OF
INTERESTS.
</FN>
        

</TABLE>
<PAGE>   1
 
                                                                      EXHIBIT 21
 
                         SUBSIDIARIES OF THE REGISTRANT
                               SEPTEMBER 30, 1997
 
Parent of Bay State Gas Company -- None
 
Subsidiaries of Registrant -- Northern Utilities, Inc.
                     -- Granite State Gas Transmission, Inc.
 
Subsidiaries of Granite State Gas Transmission, Inc. -- Natural Gas Development,
                                                     Inc.
                                         -- Bay State Energy Enterprises, Inc.
                                         -- EnergyUSA, Inc.
                                         -- EnergyEXPRESS, Inc.
                                         -- LNG Development Corp.
 
     Each subsidiary is wholly owned. Northern Utilities, Inc. and Granite State
Gas Transmission, Inc. are incorporated in the State of New Hampshire. Bay State
Energy Enterprises, Inc., EnergyUSA, Inc., EnergyEXPRESS, Inc., LNG Development
Corp., and Natural Gas Development, Inc. are incorporated in the Commonwealth of
Massachusetts.
 
                                       41
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 Quarterly Report of Royal Equine Alliance Corporation;
        (the
        "Company") on Form 10-QSB for the year ended June 30, 2007, as filed with
        the
        Securities and Exchange Commission on the date hereof (the "Report"), I, Michael
        Schlosser ,
        Chief
        Executive Officer of the Company, certify, pursuant to 18 U.S.C. 1350, as
        adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2001,
        that:
 
 The
        Report fully complies with the requirements of Section 13(a) or 15(d) of
        the
        Securities Exchange Act of 1934; and
 
 The
        information contained in the Report fairly presents, in all material respects,
        the financial condition and results of operations of the Company.
  Dated: August
        29, 2007
 
 /s/Michael SchlosserMichael
                  Schlosser,
                Chief
                    Executive Officer
Exhibit 99.1

BLACK HILLS POWER, INC.

CERTIFICATION PURSUANT
TO18 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 Black Hills Power, Inc. (the Company) on Form 10-K for the period ending
December 31, 2002 as filed with the Securities and Exchange Commission on the date hereof
(the Report), I, Daniel P. Landguth, Chairman of the Board and Chief Executive
Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to
ss. 906 of the Sarbanes-Oxley Act of 2002, that:

| | (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 result of operations of the Company.
| | --- |  | -------------------------------------------------------------------------------------------------------------------------------------------------------------

/s/ Daniel P. Landguth

Daniel P. LandguthChairman
of the Board andChief Executive OfficerMarch 31, 2003

A signed original of this written
statement required by Section 906 has been provided to Black Hills Power, Inc. and will
be retained by Black Hills Power, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.
_. .I. 

\ I’ OFFICE OF THE ATTORNEY GENERAL OF Tc(AS 

i *pLLDcyuI. _ 

~ AUSTIN : 

-- 8: ..*, 

23~1. Agw3 kM!urry, Becrotary 

p~,;~Bo:';rd of lialrdrossors end Cosnatol.o~S.:it. 

, LOW?3 A 

coal? &da& 

_ 

Pour mqusot sor 

fully coislaerod by this d 

quest aa soll~?mr 

or li~ansu my h3ve said cnrtiflcnto or lioemm rostorod within one (1) year after 

the date of axplration, upon the parmont of 

the rw@imd ronmal fao and natfnfaotory 

proof of his or her qunliilnations to ronu~e 

prac.tico. t 

. 
., 

. . 

~6. Agnes EoOnrry,"Page 2 

.: ., 

: . ., 

:- 

4 

We ha& had so many inqukiee recahtly 

regarding this point that wo nould like to knov~ 

,. . _, . 

if the Stat% Eosrd wonld be euthorizcd to GUS- : 

pad tile too0 and renew the licenses on these . 

men, upon Slisir rsturn to civilian life. Other- 

" 

.. 

who, the state Poard examin?tlc:n would be n.&- 

easary, iP their licenss hdd lapsed, hefore 

they could be issued ahothor one to restia v.w?B 

as an operator In this state." .'.~.. _" 

_. 

Section i of Art&lo 7%X<, VernonIs hnhotatod Tmxis .. 

Penal Coila, makes it uniamful for any person to ~ensafe in the 

practice or occqation or a hairdresser or gc,&metoloGot or.to :. 

conduat a hairdressing or cosnetolo$ical establishment or 

aohool titnout a ocrtkl’icuto or rbgi;iotrrtion &ml/or license 

as provided under tno act. Section 10 di the aot (Artiole 

734b, V. A. I?. C.) qroted by rou In yq~x letter govidos.for 

the annual. renowl OX o=rtiricateo oP-'registration and/or 

licenses and providas that the holder of an.oxpPred oertificate. .. 

or license may have said certificate or license-restored within .L 

one (1) year cEter tho date of expiration, ,upon the payment of 

tho roq~irod reno%al fee and fJatisg&ctory proof of h5.s or her 

q~alifioations to~.resume practice. . 

:_ 

.- Ji&cl~'i, Section 28 ol' our State donst5.tution, pro- 

-4ai3s; . .~ .’ . . . 

. . _. 

. . . . 

,: . ‘.~ ., i 

.. 90 pomor bf ollsjszla8in~ law3 16 tliis'state .s . 

ahall, ba exerciood evcopt by tho Xagifilaturti?."~ 

: 

. 

lhe Legislature. 1~3 undoubtsd povrer'to amend OP 

chwgo exiotlng s+atutory la%, lnoludine thnf ,xhich is contain- .' .' ' 

od in a coda ox revision, in drder to meet changing donditions, _~ 

An aot vny be amended during tho session at which it %a8 pasSOd :

or at an)- subse:;uent cession, by oneotnont speciiically setting 

forth its cleansed terms. (Texas Jnris~wudsnoo, Voluz~e 59, 

x.efe 125, ana e~t.aoritaCa citoa therein) 

You axe respeotfully advised that it is the opinion 

or this dopartnsnt that the state Bcord. of Hairarc330r3 and Cmmstolo$ots 13 ~:ithout pwer to YZIVO or suspend thb rowuiro- , 

nentn of thn'statuto sot out in Section 10 O? the act, 

: WhatbQr W2h la?: f3h@Uld be amXh?d or rGp3Qhd is Q 

.gusstion uasr63siri itself poculiurly and orClus$vely to the 

-* 

. . 

. 
. 

.: . 

. 

L0&31aturer 

. 

. . 

. 

. . .) 

* . . 

Very 'truly,your8 

: _ 

. 

.c, 

.-.. 

: 

.; . . . 

,, ;: . . _..i ._ . 

. . . 

: ,.. 

: 

wF1co~ 

.. 

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J. FaMfng *.' 

A8SMXUlt 

, 

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