alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION

File Name: 08a0500n.06

Filed: August 15, 2008

No. 07-3464

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

VINCENT MARBLEY, 

Defendant-Appellant.

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ON APPEAL FROM THE UNITED

STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF OHIO

O R D E R

Before: MARTIN, ROGERS, and SUTTON, Circuit Judges.

This appeal raises one issue: Does a district court at sentencing have authority not to follow the

sentencing guidelines’ disparate treatment of crack and powder cocaine offenses? The district court in

this case held that it had no such authority. Subsequent to that determination, the Supreme Court held

that a sentencing “judge may consider the disparity between the Guidelines’ treatment of crack and

powder cocaine offenses.” Kimbrough v. United States, __ U.S. __, 128 S. Ct. 558, 564 (2007). In

view of Kimbrough, the government concedes that we should remand this case for resentencing. We

agree and therefore vacate the sentence and remand the case to the district court for resentencing in light

of Kimbrough.

ENTERED BY ORDER OF THE COURT
- 2 -

__________________________________

Leonard Green, Clerk
1 IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 40105

STATE OF IDAHO ,

Plaintiff-Respondent ,

v.

ZACHARY DAMON TULLIS ,

Defendant-Appellant

. ) ) ) ) ) ) ) ) ) ) 2013 Unpublished Opinion No. 360

Filed: February 12, 2013

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Lynn G. Norto n , District Judge.

Appeal from o rder revoking probation and executing underlying sentence of a unified term of seven years, with two y ears determinate, for statutory
rape, dismissed

.

Sara B. Thomas, Sta te Appellate Public Defender; Ben Patrick McGreevy, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Daphne J. Huang, Deputy Attorney General, Boise, for respondent.

________________________________________________
Before GUTIERREZ, Chief Judge; GRATTON, Judge; and MELANSON, Judge

PER CURIAM

Zachary Damon Tullis pled guilty to statutory rape . Idaho Code § 18

- 6101(1) . The

district court withheld judgment and placed Tullis on probation. Approximately two years later

, Tullis admitted to violating the terms of his probation. The district court revoked the withheld

judgment and sentenced Tullis to a unified term of seven years, with two yea rs determinate, but

retained jurisdiction. At the conclusion of the period of retained jurisdiction, the district court

suspended Tullis’s sentence and placed him o n probation. Several months later , Tullis aga in

admitted to violating numerous terms of hi s probation. T he district court consequently revoked

probation and ordered execution of the underlying sentence. Tullis filed an Idaho Criminal2 Rule 35 motion for reduction of his sentence, which the district court denied. Tullis now

appeals, contendin g the district court abused its discretion by executing his underlying sentence

without reduction.

The State contends Tullis’s appeal is untimely and should be dismissed. Pursuant to
Idaho Appellate Rule 21, failure to file a notice of appeal with the cle rk of the district court

within the time limits prescribed by the appellate rules deprives the appellate courts of

jurisdiction over the appeal. Idaho Appellate Rule 14 provides, in part:
Any appeal . . . may be made only by physically filing a notice of appeal with the clerk of the district court within 42 days from the date evidenced by the filing stamp of the clerk of the court on any judgment, order, or decree of the district court appealable as a matter of right in any civil or criminal action.

Tulli s’s notice of appeal was filed forty

- three days after the date the order revoking probation

and executing the underlying sentence was entered. In his reply brief, Tullis concedes his appeal

is untimely. W e , therefore

, lack jurisdiction to address the sub stantive issues of the appeal

. See

State v. Payan , 128 Idaho 866, 867, 920 P.2d 82, 83 (Ct. App. 1996) . Tullis’s appeal from the

order revoking probation and executing the underlying sentence is dismissed.
EXHIBIT 10.8


                                 MARY T. CASALE
                                822 CEDAR AVENUE
                              HADDONFIELD, NJ 08033



                                                              February 1, 2000


Mr. Bert. E. Brodsky
26 Harbor Park Drive
Port Washington, NY  11050

                                   Re: OPTIONS

Dear Mr. Brodsky:

In  connection  with that Stock Option  Agreement  dated July 1, 1997 between us
wherein you granted me options to purchase 255,689  post-split  shares of common
stock of National Medical Health Card Systems,  Inc.  registered in your name at
an exercise price of $5.87 per share (the  "Options"),  I hereby  surrender such
Options effective immediately.

                                                              Very truly yours,


                                                              /s/Mary T. Casale
                                                              Mary T. Casale
**CERTIFICATION      PURSUANT TO 18 U.S.C. SECTION 1350,**

**AS      ADOPTED PURSUANT TO SECTION 906**

**OF      THE SARBANES-OXLEY ACT OF 2002**

|                                                                                                       |        |                                                                                             |
|-------------------------------------------------------------------------------------------------------|--------|--------------------------------------------------------------------------------------------------|
|                                                                                                  |   |                                                                                             |   |
| Date:                November                14, 2007         | By:    | /s/ Robert              F. Orr                                                              |   |
|                                                                                                  |   | Robert              F. Orr                                                                       |   |
|                                                                                                  |   | Chief              Financial Officer (Principal                Financial and Accounting Officer) |   |
|                                                                                                  |   |                                                                                             |   |
```
EXHIBIT 32.1
```

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```

```
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 September 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), each of the undersigned, in the capacities and on the date indicated below, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his knowledge:
```

```
 
```

```
(1)           The report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
```

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```

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

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Dated:  November 18, 2008                                                              By:    
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                                                                                                                -----------------------------------
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                                                                                                                MICHAEL MCCHESNEY
```

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                                                                                                                Chief Executive Officer
```

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<PAGE>

                          INDEPENDENT AUDITORS' CONSENT

The Board of Directors
RehabCare Group, Inc.:

We consent to the incorporation by reference in the registration statement No.
33-43236 on Form S-8, registration statement No. 33-67944 on Form S-8,
registration statement No. 33-82106 on Form S-8, registration statement No.
33-82048 on Form S-8, registration statement No. 333-11311 on Form S-8 and
registration statement No. 333-86679 on Form S-8 of RehabCare Group, Inc. of our
report dated February 6, 2001, with respect to the consolidated balance sheets
of RehabCare Group, Inc. and subsidiaries as of December 31, 2000 and 1999, and
the related consolidated statements of earnings, stockholders' equity, cash
flows, and comprehensive earnings for the three year period ended December 31,
2000, which report is included in the December 31, 2000 annual report on Form
10-K of RehabCare Group, Inc.


/s/ KPMG LLP


St. Louis, Missouri
February 28, 2001
Exhibit 23        CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


The Board of Directors
Medialink Worldwide Incorporated:

We consent to incorporation by reference in the registration statement (No.
333-27207) on Form S-8 of Medialink Worldwide Incorporated of our report dated
March 28, 2001, relating to the consolidated balance sheets of Medialink
Worldwide Incorporated and Subsidiaries as of December 31, 2000 and 1999, and
the related consolidated statements of operations, stockholders' equity, and
cash flows for each of the years in the three-year period ended December 31,
2000, which report appears in the December 31, 2000 annual report on Form 10-K
of Medialink Worldwide Incorporated.

                                                                        KPMG LLP


New York, New York
April 2, 2001
**Exhibit
      32.1**





**Certification
      of Principal Executive Officer and Principal Financial
      Officer**


**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 Scout Acquisition, Inc. (the "Company")
      on Form 10-Q for the period ended June 30, 2008 as filed with the Securities
      and
      Exchange Commission on the date hereof (the "Report"), I, Scott Baily, certify,
      pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 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 results of operations of the Company.


/s/
                  Scott BailyScott
                  BailyPrincipal
                  Executive OfficerPrincipal
                  Financial OfficerAugust
                  13, 2008
##### 



Exhibit 10.3
 UNITED STATES TRADEMARKS AND PATENTS
 Grantors Grantee Marks Schedule A Patents Schedule B
  Security Agreement
 [signature page follows]




---



##### 



WELLMAN, INC.,
as GrantorBy:
    
    /s/ Keith R. PhillipsName:Title:FIBER INDUSTRIES, INC.,
as GrantorBy:
    
    /s/ Keith R. PhillipsName:Title:DEUTSCHE BANK TRUST COMPANY 
AMERICAS, as GranteeBy:
    
    /s/ Marguerite SuttonName:
    
    Marguerite SuttonTitle:
    
    DirectorBy:
    
    /s/ David J. BellName:
    
    David J. BellTitle:
    
    Managing Director




---



##### 



New York
 New York
 22 Marguerite Sutton Director
 /s/ Maureen E. Thomas




---



##### 



STATE OF
New York
    
    ))  ss.:COUNTY OF
New York
    
    )
 22 David J. Bell Managing Director
 /s/ Maureen E. Thomas
#### Miller *against*Merrill.

A declaration oTMntroíazííeí, and counts for *slander;*the oefendant pleaded to the whole <ieclaration, that the supposed grievances alinv’of them, did not accrue within *two years;*the plaintiff replied, setting forth the time of commencing the action, and averring that the causes of action did accrue within *two years, Sic.*and the defendant rejoined, taking issue on the fact; and the plaintiff demurred to the rejoinder; the plea was held bad, as respected the count for a *libel;*and being bad in part, it was bad in the whole.

THE declaration in this cause contained ten counts; the first count was for a *libel*published the 9th of *April,*1816.—The _ *r*7 7 *■,*. other courts were for *sLander;*and the various words were charged to have been spoken at the same time.

The defendant pleaded, to the whole declaration, that he was I ***not guilty of the said supposed grievances in the said declara*351tion mentioned, or any or either of them at any time within *J*..... i mi r* i i • *i'CC*two years next before the exhibiting the bill ot the plaintin, See.; and to the first count, that the matter charged as libellous was true; and to the last count also, he pleaded the truth of the words alleged to have been spoken, &c.

The plaintiff replied to the first plea, setting out the time of commencing his action, and averring that the several causes of action did accrue within two years, See.; and to the second and third pleas, that the defendant, of his wrong and without the cause, in his plea, See. did commit the grievances alleged, &e. and tendered issue to the country.

To the replication to the first piba, the defendant *rejoined,*that the cause of action did not accrue within two years, &c. faking issue thereon. To this rejoinder the plaintiff demurred, and the defendant joined in demurrer : which was submitted to the court, without argument.

*Per Curiam.*

The only question is, as to the sufficiency of the defendant’s first plea. It is one entire plea to the whole declaration. As it respects the count for a *libel,*the plea of *non uccrevit infra duos annos,*is bad, for the statute of limitations for an action for a libel is *six years.*As an answer to the other counts for *slander,*the plea is good. But the rule is, that if an entire plea is bad in part, it is bad for the whole. [Com. *Dig. Plead, (E.*36,) 1 *Sound.*337. *n.*1. 3 *Term Rep.*376. 1 *Chitty,s PL*523.] The plaintiff, therefore, must have judgment.

Judgment for the plaintiff.
##### 



AMENDMENT NO. 2
TO CREDIT AGREEMENT
 AMENDMENT
NO. 2, NATIONAL MEDICAL HEALTH
CARD SYSTEMS, INC. JPMORGAN CHASE BANK, N.A. LENDERS
 WHEREAS,
 NOW, THEREFORE,
 Amendment.
  Conditions to Effectiveness.
  Miscellaneous.




---



##### 



THIS AMENDMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
NEW YORK WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
  [the next page is the signature page]
 2




---



##### 



IN WITNESS WHEREOF,
 NATIONAL MEDICAL HEALTH CARD SYSTEMS, INC.By:
    
    /s/ Jonathan FriedmanName:
    
    Jonathan FriedmanTitle:
    
    Vice President Legal AffairsJPMORGAN CHASE BANK, N.A., asAdministrative AgentBy:
    
    /s/ Stephen ZajacName:
    
    Stephen ZajacTitle:
    
    Vice President
 3




---



##### 



CONSENT
  NMHCRX MAIL ORDER, INC.By:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    TreasurerINTEGRAIL, INC.By:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    TreasurerNMHC FUNDING, LLCBy:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    TreasurerNMHCRX, INC.By:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    TreasurerINTEQ CORP.By:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    Treasurer
 4




---



##### 



INTEQ TX CORP.By:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    TreasurerINTEQ PBM, L.P.By:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    TreasurerPORTLAND PROFESSIONAL
PHARMACYBy:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    TreasurerPORTLAND PROFESSIONAL
 PHARMACY ASSOCIATESBy:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    TreasurerSPECIALTY PHARMACY CARE, INC.By:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    TreasurerCENTRUS CORPORATIONBy:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    Treasurer
 5




---



##### 



NATIONAL MEDICAL HEALTH CARD IPA, INC.By:
    
    /s/ Stuart F. FleischerName:
Title:
    
    Stuart F. Fleischer
TreasurerNMHCRX CONTRACTS, INC.By:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    TreasurerPHARMACY ASSOCIATES, INC.By:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    TreasurerINTERCHANGE PMP, INC.By:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    TreasurerPCN DE CORP.By:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    Chief Financial Officer and Treasurer
 6
<PAGE>
 
                                                                      EXHIBIT 23

--------------------------------------------------------------------------------
CONSENT OF INDEPENDENT ACCOUNTANTS
--------------------------------------------------------------------------------


The Board of Directors
Hoechst Celanese Corporation:

We consent to the incorporation by reference in Registration Statement (No.
33-51675) on Form S-3 which also constitutes Post Effective Amendment No. 4 on
Form S-3 to Registration Statement (No. 33-23628) on Form S-1 of Hoechst
Celanese Corporation of our report dated January 30, 1997, relating to the
consolidated balance sheets of Hoechst Celanese Corporation as of December 31,
1996 and 1995, and the related consolidated statements of earnings,
stockholder's equity, and cash flows for each of the years in the three-year
period ended December 31, 1996, which report appears in the December 31, 1996
annual report on Form 10-K of Hoechst Celanese Corporation.

                                                           KPMG PEAT MARWICK LLP

Short Hills, New Jersey
March 28, 1997
116TH CONGRESS 

1ST SESSION S. 1231 

AN ACT 

To reauthorize the Bulletproof Vest Partnership Grant 

Program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

†S 1231 ES

1 SECTION 1. BULLETPROOF VEST PARTNERSHIP GRANT 

2 PROGRAM REAUTHORIZATION. 

3 (a) IN GENERAL.—Section 1001(a)(23) of title I of 

4 the Omnibus Crime Control and Safe Streets Act of 1968 

5 (34 U.S.C. 10261(a)(23)) is amended by striking ‘‘part 

6 Y’’ and all that follows and inserting ‘‘part Y, 

7 $30,000,000 for fiscal year 2020, and each fiscal year 

8 thereafter.’’. 

9 (b) PROGRAM NAME.—Part Y of title I of the Omni10 bus Crime Control and Safe Streets Act of 1968 (34 

11 U.S.C. 10531 et seq.) is amended by inserting before sec12 tion 2501 the following: 

13 ‘‘SEC. 2500. PATRICK LEAHY BULLETPROOF VEST PART14 NERSHIP GRANT PROGRAM. 

15 ‘‘The program under this part shall be known as the 

16 ‘Patrick Leahy Bulletproof Vest Partnership Grant Pro17 gram’.’’. 

Passed the Senate May 14, 2019. 

Attest: 

Secretary. 

116TH CONGRESS 

1ST SESSION S. 1231 

AN ACT 

To reauthorize the Bulletproof Vest Partnership 

Grant Program.
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

CAMDEN VICINAGE

MICHAEL FRENCH,

 Plaintiff,

v.

TROOPER J.T. SQUIRE-TIBBS,

et al.,

 Defendants.

Civil No. 11-1009-JEI-KMW

AMENDED SCHEDULING ORDER

This Scheduling Order confirms the directives given to

counsel during the telephone status conference held on May 2, 2012;

and the Court noting the following appearances: Matthew Weisberg,

appearing on behalf of the plaintiff; and Cristina Martinez,

Esquire, and Christopher Paldino, Esquire, appearing on behalf of

the defendant; and for good cause shown:

IT IS this 14th day of August, 2012, hereby ORDERED:

1. Depositions of proposed expert witnesses shall be

concluded by October 1, 2012.

2. Dispositive Motions. Dispositive motions shall be

filed with the Clerk of the Court no later than October 15, 2012.

Opposition to the motion should be served in a timely fashion. 

Counsel are to follow L. CIV. R. 7.1, 7.2, 56.1 and 78.1 (Motion

Practice - Generally). 

3. Any application for an extension of time beyond the

deadlines set herein shall be made in writing to the undersigned

and served upon all counsel prior to expiration of the period

sought to be extended, and shall disclose in the application all

such extensions previously obtained, the precise reasons

necessitating the application showing good cause under FED. R. CIV.

P. 16(b), and whether adversary counsel agree with the application. 

The schedule set herein will not be extended unless good cause is

shown.

Case 1:11-cv-01009-RBK-KMW Document 31 Filed 08/16/12 Page 1 of 2 PageID: 139
THE FAILURE OF A PARTY OR ATTORNEY TO OBEY THIS ORDER MAY

RESULT IN IMPOSITION OF SANCTIONS UNDER FED. R. CIV. P. 16(f).

s/ Karen M. Williams 

KAREN M. WILLIAMS

United States Magistrate Judge

cc: Hon. Joseph E. Irenas

 

Case 1:11-cv-01009-RBK-KMW Document 31 Filed 08/16/12 Page 2 of 2 PageID: 140
CURTIS MCCLENDON,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D13-3815

_____________________________/

Opinion filed July 8, 2014.

An appeal from the Circuit Court for Gadsden County.

Jonathan E. Sjostrom, Judge.

Curtis McClendon, pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Wes Paxson, III, Assistant Attorney 

General, Tallahassee, for Appellee.

PER CURIAM.

The appellant appeals the summary denial of a motion for postconviction 

relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The State 

concedes that grounds one, two and five were improperly denied as facially 

insufficient because the trial court never granted leave to amend. Thus, we reverse 
and remand for the trial court to grant the appellant leave to amend grounds one, 

two and five pursuant to Spera v. State, 971 So. 2d 754 (Fla. 2007) (holding that a 

trial court must allow the defendant at least one opportunity to amend facially 

insufficient claims). We otherwise affirm the order on appeal.

AFFIRMED in part, REVERSED and REMANDED in part.

WOLF and WETHERELL, JJ., and MONACO, TOBY S., ASSOCIATE JUDGE, 

CONCUR.

2
NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

2008-5036

HARVEST INSTITUTE FREEDMAN FEDERATION,

BLACK INDIANS UNITED LEGAL DEFENSE FUND,

and WILLIAM WARRIOR,

Plaintiffs Appellants,

v.

UNITED STATES,

Defendant-Appellee.

Appeal from the United States Court of Federal Claims in 06-CV-907,

Senior Judge Robert H. Hodges, Jr.

ON MOTION

ORDER

Harvest Institute Freedman Federation et al. move without opposition (1) for

leave to file the joint appendix out of time, with appendix attached, and (2) for

reconsideration of the court's December 31, 2008 order dismissing the appeal for failure

to file the appendix.

Upon consideration thereof,

IT IS ORDERED THAT:

The motions are granted, the mandate is recalled, and the appeal is reinstated.

FOR THE COURT FEB 2 6 2009

/s/ Jan Horbaly

Jan Horbaly	

FILED Clerk	U.S. COURT OF APPEALS FOR

THE FEDERAL CIRCUIT

FEB 2 6 2009

JAN NORM'S

CLERK

Date

cc:	Percy Squire, Esq.

Elizabeth Ann Peterson, Esq.

s17