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

No. 12-4122.

United States Court of Appeals, Fourth Circuit.

Submitted: Nov. 26, 2012.

Decided: Jan. 7, 2013.

Cameron J. Blazer, Assistant Federal Public Defender, Charleston, South Carolina, for Appellant. William N. Nettles, United States Attorney, Alston C. Badger, Assistant United States Attorney, Charleston, South Carolina, for Appellee.

Before KING, WYNN, and DIAZ, Circuit Judges.

Vacated and remanded by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Richard Patrick Pate appeals the twenty-four-month term of imprisonment imposed after revocation of his supervised release. Pate argues that the sentence runs afoul of *Tapia v. United States,*— U.S.-, 131 S.Ct. 2382, 180 L.Ed.2d 357 (2011). We agree. Accordingly, we vacate the judgment and remand for resentenc-ing.

We will affirm a sentence imposed after revocation of supervised release if it is not plainly unreasonable. *United States v. Thompson,*595 F.3d 544, 546 (4th Cir. 2010). “For a sentence to be plainly unreasonable, ... it must run afoul of clearly settled law.” *Id.*at 548.

In *Tapia,*the Supreme Court held that a district court could not impose or lengthen a term of imprisonment in order to promote an offender’s rehabilitation. *Tapia,*131 S.Ct. at 2392-93. We recently held that *Tapia*applies to revocation sentences. *United States v. Bennett,*698 F.3d 194, 2012 WL 5265802, at *1-*3 (4th Cir. Oct.25, 2012) (No. 11-4401).

Here, the applicable Guidelines range was three to nine months. *U.S. Sentenc*
      *217
      *ing Guidelines Manual*(“USSG”) § 7B1.4(a), p.s. (2011). The district court advised Pate that “nine months in jail is [not] going to help you, but I’m going to give you two years in jail so that you can get the best drug treatment that we have available.” (J.A. 30). The court then sentenced Pate to twenty-four months’ imprisonment, the statutory maximum provided in 18 U.S.C. § 3583(e)(3) (2006), which was fifteen months longer than the high end of the Guidelines range. Our review of the proceeding confirms that the district court selected its chosen sentence based on Pate’s rehabilitative needs, a rationale expressly prohibited in *Tapia*and *Bennett*Of course, we acknowledge that the district court did not have the benefit of our decision in *Bennett*when it sentenced Pate on the supervised release violations. Nevertheless, we find that *Tapia*alone constituted clearly settled law on this matter, as there was no reason to believe its holding would not apply in this context. We thus conclude that Pate’s sentence is plainly unreasonable.

Accordingly, we vacate the judgment of the district court and remand for resen-tencing. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*VACATED AND REMANDED.*
EX-10.4



 Exhibit 10.4 
 VIA FEDEX ENVELOPE 
 January 25, 2013 

Mr. Gregory J. Bayne 
 Contracting
Officer 
 United States Postal Service 

475 L’Enfant Plaza S.W. 
 Washington, D.C.
20260-6210 
  

	RE:	Transportation Agreement dated July 31, 2006 (the “Transportation Agreement”) between the United States Postal Service (the “USPS”) and Federal
Express Corporation (“FedEx”) 

 Change in Conversion Factor 

Dear Mr. Bayne: 
 As provided in the
previously amended Paragraph A.1.a. of Exhibit B to the Transportation Agreement, the USPS and FedEx agree that the Conversion Factor is [ * ] effective on the September Schedule Period that began on September 3, 2012. 

By signing this letter, the USPS and FedEx agree to this amendment of the Transportation Agreement. All capitalized terms have the meanings set out in
the Transportation Agreement. 
 Please sign both counterparts of this letter, retain one for the USPS’ records, and return the other fully
executed counterpart to: 
 Myla Williams 

Legal Department 
 Federal Express Corporation 
 3620 Hacks Cross Road 

Building B, 3rd Floor 
 Memphis, Tennessee 38125 
 (901) 434-8362 

 

	*	Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities
Exchange Act of 1934, as amended. 








 Federal Express Corporation 
 Letter Agreement 
 January 25, 2013 
 If you should have any questions, please call Myla Williams at (901) 434-8362 or Ron Stevens at (901) 434-8954 or. Thank you. 

 

	
	Sincerely,
	
	FEDERAL EXPRESS CORPORATION
	
	/s/ PAUL J. HERRON
	
	Paul J. Herron
	Vice President
	Postal Transportation Management
	

 AGREED TO AND ACCEPTED this 25 day of Jan, 2013. 

 

			
	THE UNITED STATES POSTAL SERVICE
		
	By:	 	 /s/ GREGORY BAYNE

		
	Its:	 	 Contracting Officer

		 	The “USPS”
		
	cc:	 	Joseph Anzelone
		 	Michael Cotter
		 	Mary Taylor

 MUW/.970039
Exhibit
15.1
 
 
 
  
   
   May 12,
2005
  Securities
and Exchange Commission
 450 Fifth
Street, N.W.
 Washington,
D.C. 20549
  Commissioners:
   We are
aware that our report dated May 12, 2005 on our review of interim financial
information of Stratus Properties Inc. for each of the three-month periods ended
March 31, 2005 and 2004 and included in the Company's Quarterly Report on Form
10-Q for the quarter ended March 31, 2005, is incorporated by reference in the
Company’s Registration Statements on Form S-8 (File Nos. 33-78798, 333-31059,
333-52995 and 333-104288).
   Yours
very truly,
   /s/
PricewaterhouseCoopers LLP
##### 



EXHIBIT 21 TO
    FORM 10-K OF
 WESCO FINANCIAL CORPORATION
 FOR YEAR ENDED DECEMBER 31, 2007
  WESCO FINANCIAL
    CORPORATION
  SUBSIDIARIES
  PERCENTAGEOWNED BY


STATE OFNAME OF SUBSIDIARY

REGISTRANT


INCORPORATIONWesco Holdings Midwest, Inc.


100
%

NebraskaWesco-Financial Insurance Company


100
%

NebraskaKansas Bankers Surety Company


100
%

KansasCORT Business Services Corporation


100
%

DelawarePrecision Steel Warehouse, Inc.


100
%

IllinoisPrecision Steel Warehouse, Inc., Charlotte Service Center


100
%

DelawarePrecision Brand Products


100
%

DelawareMS Property Company


100
%

California  1
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This  schedule  contains  summary  financial   information  extracted  from  the
Condensed  Consolidated  Balance  Sheets at October 30,  1999 and the  Condensed
Consolidated  Statements of Operations  for the thirty- nine weeks ended October
30,  1999 and is  qualified  in its  entirety  by  reference  to such  financial
statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-mos
<FISCAL-YEAR-END>                            JAN-29-2000
<PERIOD-END>                                 OCT-30-1999
<CASH>                                           126,200
<SECURITIES>                                           0
<RECEIVABLES>                                  2,187,800
<ALLOWANCES>                                    (10,800)
<INVENTORY>                                   45,863,800
<CURRENT-ASSETS>                              54,630,300
<PP&E>                                        53,610,600
<DEPRECIATION>                               (19,528,000)
<TOTAL-ASSETS>                                90,906,600
<CURRENT-LIABILITIES>                         13,267,600
<BONDS>                                                0
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                            0
<COMMON>                                      48,451,600
<OTHER-SE>                                     1,183,300
<TOTAL-LIABILITY-AND-EQUITY>                  90,906,600
<SALES>                                      134,493,200
<TOTAL-REVENUES>                             134,493,200
<CGS>                                         85,973,500
<TOTAL-COSTS>                                 85,973,500
<OTHER-EXPENSES>                              52,379,600
<LOSS-PROVISION>                                       0
<INTEREST-EXPENSE>                               899,100
<INCOME-PRETAX>                              (4,759,000)
<INCOME-TAX>                                 (1,699,200)
<INCOME-CONTINUING>                          (3,059,800)
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                 (3,059,800)
<EPS-BASIC>                                     (0.11)
<EPS-DILUTED>                                     (0.11)


</TABLE>
Advance copies of this statement are made available to the press 

under lock-up conditions with the explicit understanding that 

the data are embargoed until 8:30 a.m. Eastern Daylight Time. 

Statement of 

Keith Hall 

Commissioner 

Bureau of Labor Statistics 

before the 

Joint Economic Committee 

UNITED STATES CONGRESS 

Friday, August 5, 2011

Mr. Chairman and Members of the Committee: 

Thank you for the opportunity to discuss the employment and 

unemployment data we released this morning. 

Nonfarm payroll employment rose by 117,000 in July, 

following 2 months of little change. The unemployment rate was 

9.1 percent in July and has shown little definitive movement 

since April. Private-sector employment increased by 154,000 

over the month. 

Health care employment rose by 31,000 in July, as both 

hospitals and ambulatory care services added jobs. Retail trade 

employment increased by 26,000. In the manufacturing sector, 

employment expanded by 24,000, with gains in motor vehicles and 
2 

semiconductors. Mining employment grew by 9,000 over the month 

and was up by 140,000 since the most recent low in October 2009. 

Employment in professional and technical services continued to 

trend up in July; this industry has added 246,000 jobs since a 

recent low in March 2010. Employment in temporary help services 

was flat over the month and on net has changed little in 2011. 

Other private-sector industries showed little or no change in 

July. 

Employment in state government decreased by 23,000 over the 

month. The decline was almost entirely due to the partial 

government shutdown in Minnesota. Local government employment 

continued to trend down over the month. Since an employment 

peak in September 2008, local government has shed 475,000 jobs. 

Average hourly earnings of all employees on private nonfarm 

payrolls were up by 10 cents in July to $23.13. Over the past 

12 months, average hourly earnings have risen by 2.3 percent. 

From June 2010 to June 2011, the Consumer Price Index for All 

Urban Consumers (CPI-U) increased by 3.4 percent. 

 Turning to measures from the survey of households, the 

unemployment rate was 9.1 percent in July. The jobless rate has 

held in a narrow range between 9.0 and 9.2 percent since April. 

Of the 13.9 million persons unemployed in July, 44.4 

percent had been out of work for 27 weeks or longer. This 
3 

proportion was unchanged over the month and essentially 

unchanged over the year. 

Labor force participation edged down from 64.1 to 63.9 

percent in July. The proportion of the population that was 

employed was essentially unchanged over the month at 58.1 

percent. 

In summary, nonfarm payroll employment rose by 117,000 in 

July, with the private sector adding 154,000 jobs. The 

unemployment rate was little changed at 9.1 percent. 

My colleagues and I now would be glad to answer your 

questions.
EXHIBIT 32.1

Certification Pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350)

The undersigned, as the Chief Executive Officer of Zale Corporation, certifies, to the best of her knowledge, that the Annual Report on
Form 10-K for the fiscal year ended July 31, 2007, which accompanies this certification fully complies with the requirements of Section 13(a) of the Securities
Exchange Act of 1934 and the information contained in the periodic report fairly presents, in all material respects, the financial condition and results of operations of Zale Corporation at the dates
and for the periods indicated. The foregoing certification is made pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350) and shall not be relied upon for any
other purpose.

|This 1st day of October, 2007 |  | By: | /s/MARY E. BURTONMary E. Burton
President and Chief Executive Officer
(principal executive officer of the registrant)
|----------------------------- |  | --- | ---------------------------------------------------------------------------------------------------------------------

---



QuickLinks
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 Form 10-QSB of DiversiFax, Inc. and Subsidiaries
(the "Company") for the quarter ended February 28, 2006, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned certifies, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to
ss. 906 of the Sarbanes-Oxley Act of 2002, to the best of their knowledge and
belief, that:

         1) the Report fully complies with the requirements of Sections 13(a) or
            15(d) of the Securities and Exchange Act of 1934, as amended; and

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

Date: July 17, 2006


By:   /s/ Dr. Irwin A. Horowitz
      -------------------------
      Dr. Irwin A. Horowitz, Chief Executive
      Officer and Chief Financial Officer


This certification shall not be deemed "filed" for purposes of Section 18 of the
Securities and Exchange Act of 1934, or the Exchange Act, or otherwise subject
to the liability of Section 18 of the Exchange Act. Such certification shall not
be deemed to be incorporated by reference into any filing under the Securities
Act of 1933 or the Exchange Act, except to the extent that the Company
specifically incorporates by reference.
###                                                          THRIVENT MUTUAL FUNDS

####                                           Supplement to Statements of Additional Information
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

NO. CAAP-18-0000902

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

ANTHONY S. BARDIN; GREG ALLEN, SR. and GREG ALLEN, JR.; 

THOMAS J. BROOKS; JENNIFER S. BROOKS; MICHAEL CHANDLER; 

KIRBY B. GUYER; MILTON SEARLES; JOHN R. HOFF TRUST; 

LORNA E. HOFF TRUST; MICHAEL L. KAISER; TODD SCHRIM; 

JOHN WARK and SHANNON WARK, Appellants-Appellants, 

v.

PLANNING DEPARTMENT OF THE COUNTY OF KAUAI/

PLANNING COMMISSION OF THE COUNTY OF KAUAI, 

KIMO KEAWE, in his official capacity as Chairperson 

of the Planning Commission, Appellees-Appellees

and

BARBARA ROBESON and CAREN DIAMOND, Intervenors-Appellees.

APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT

(CIVIL NO. 17-1-0181)

ORDER GRANTING MOTION TO DISMISS APPEAL WITH PREJUDICE

AS TO APPELLANTS JOHN WARK AND SHANNON WARK;

MICHAEL CHANDLER; JOHN R. HOFF TRUST AND LORNA E. HOFF TRUST

(By: Leonard, Presiding Judge, and Chan and Wadsworth, JJ.)

Upon consideration of (1) the September 24, 2020

"Motion for Dismissal of Appeal as to Appellants John Wark and

Shannon Wark; Michael Chandler; John R. Hoff Trust and Lorna E.

Hoff Trust" (motion to dismiss); (2) the September 30, 2020

statement of no position to the motion to dismiss, filed by

Appellees Planning Department of the County of Kaua#i/Planning

Commission of the County of Kaua#i, Kimo Keawe, in His Official

Capacity as Chairperson of the Planning Commission; and (3) the

record, it appears that the Dismissing Appellants move to dismiss

the appeal as to themselves, with prejudice. Therefore,

Electronically Filed

Intermediate Court of Appeals

CAAP-18-0000902

28-OCT-2020

07:48 AM

Dkt. 109 ORD
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

IT IS HEREBY ORDERED that the motion to dismiss is

granted and the appeal is dismissed with prejudice as to the

Dismissing Appellants only, pursuant to Hawai#i Rules of

Appellate Procedure Rule 42(b) .

DATED: Honolulu, Hawai#i, October 28, 2020.

/s/ Katherine G. Leonard

Presiding Judge

/s/ Derrick H.M. Chan

Associate Judge

/s/ Clyde J. Wadsworth

Associate Judge

2
**Exhibit      8**

**List      of Subsidiaries**

| **Significant                Active Subsidiaries**       |   |                        |
|----------------------------------------------------------|--------|-----------------------------|
| Subs                Name                                 |   | Country                     |
| Tadipol-ECI                Sp.z.o.o                      |   | Poland                      |
| Alvarion                SARL                             |   | France                      |
| Alvarion                De Mexico SA                     |   | Mexico                      |
| Alvarion                Inc                              |   | USA                         |
| Alvarion                UK Ltd.                          |   | UK                          |
| Alvarion                Srl                              |   | Romania                     |
| Alvarion                Asia Pacific Ltd.                |   | Hong                Kong    |
| Alvarion                Do Brasil LTDA                   |   | Brasil                      |
| Alvarion                Japan KK                         |   | Japan                       |
| Alvarion                Telsiz Sistemleri A.S.           |   | Turkey                      |
| Alvarion                Israel (2003) Ltd.               |   | Israel                      |
| Alvarion                Mobile Inc.                      |   | USA                         |
| Interwave                Communications Inc.             |   | USA                         |
| Interwave                Communications International SA |   | France                      |
| Alvarion                Spain SL                         |   | Spain                       |
| Alvarion                Philippines                      |   | Philippines                 |
| Kermadec                Telecom B.V.                     |   | Holland                     |
| Alvarion                Uruguay SA                       |   | Uruguay                     |
| Alvarion                Singapore PTE LTD                |   | Singapore                   |
| Alvarion                South Africa (Pty) Ltd      |   | South                Africa |
| Alvarion                Italy SRL              |   | Italy                       |

| *Alvarion                SARL is a wholly-owned subsidiary of Alvarion                UK                LTD. **                Alvarion Telsiz Sistemleri Ticaret A. S. and Alvarion - Tadipol -                ECI                Sp.zoo are wholly owned subsidiaries of Kermadec Telecom                B.V. |
|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

----
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

HOLLY BRASS, )

)

Appellant, )

)

v. ) Case No. 2D17-4171

)

STATE OF FLORIDA, )

)

Appellee. )

)

Opinion filed February 27, 2019. 

Appeal from the Circuit Court for Polk

County; Neil A. Roddenbery, Judge.

Howard L. Dimmig, II, Public Defender,

and Robert D. Rosen, Assistant Public

Defender, Bartow, for Appellant.

Ashley Moody, Attorney General, 

Tallahassee, and Helene S. Parnes,

Senior Assistant Attorney General, 

Tampa, for Appellee. 

PER CURIAM.

Affirmed. 

SILBERMAN, SALARIO, and ATKINSON, JJ., Concur.
Presidential Documents

39005 

Federal Register 

Vol. 82, No. 157 

Wednesday, August 16, 2017 

Title 3— 

The President 

Notice of August 15, 2017 

Continuation of the National Emergency With Respect to Export Control Regulations 

On August 17, 2001, the President issued Executive Order 13222 pursuant 

to the International Emergency Economic Powers Act (50 U.S.C. 1701 et 

seq.). In that order, the President declared a national emergency with respect 

to the unusual and extraordinary threat to the national security, foreign 

policy, and economy of the United States related to the expiration of the 

Export Administration Act of 1979, as amended (50 U.S.C. 4601 et seq.). 

Because the Congress has not renewed the Export Administration Act, the 

national emergency declared on August 17, 2001, must continue in effect 

beyond August 17, 2017. Therefore, in accordance with section 202(d) of 

the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 

year the national emergency declared in Executive Order 13222, as amended 

by Executive Order 13637 of March 8, 2013. 

This notice shall be published in the Federal Register and transmitted to 

the Congress. 

THE WHITE HOUSE, 

August 15, 2017. [FR Doc. 2017–17486 

Filed 8–15–17; 11:15 am] 

Billing code 3295–F7–P 


asabaliauskas on DSKBBXCHB2PROD with O0Trump.EPS</GPH>
# 2007

&8page &P of &N	

# 2008

# 2009

# 2010

# 2011

# 2012

# 2013

# 2014

# 2015

# 2016

# 2017
<TABLE> <S> <C>



<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from June 30,
1998 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-30-1998
<CASH>                                             114
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                   114
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                     114
<CURRENT-LIABILITIES>                           14,092
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        29,150
<OTHER-SE>                                    (43,128)
<TOTAL-LIABILITY-AND-EQUITY>                       114
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                    2,877
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (2,877)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,877)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        





</TABLE>