alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
*This order and judgment is not binding precedent, except under the

doctrines of law of the case, res judicata, and collateral estoppel. The court

generally disfavors the citation of orders and judgments; nevertheless, an order

and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

F I L E D

United States Court of Appeals

Tenth Circuit

MAR 14 2000

PATRICK FISHER

Clerk

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

DARREL JOSEPH GOURLEY, 

Petitioner - Appellant, No. 99-3158

v. (D.C. No. 95-CV-3481-DES)

DAVID MCKUNE, Warden, and

ATTORNEY GENERAL OF

KANSAS, 

(D. Kan.)

Respondents - Appellees.

 

ORDER AND JUDGMENT*

Before TACHA, McKAY, and MURPHY, Circuit Judges.

After examining the briefs and the appellate record, this panel has

determined unanimously that oral argument would not materially assist the

determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). 

The case is therefore ordered submitted without oral argument.

Petitioner-Appellant Darrel Joseph Gourley, appearing pro se, appeals the

order of the district court denying his petition for writ of habeas corpus under 28
-2-

U.S.C. § 2254. As a preliminary matter, Appellees raise an issue of timeliness in

filing the notice of appeal. We conclude that Mr. Gourley’s appeal is timely and

that we have jurisdiction pursuant to Smith v. Barry, 502 U.S. 244, 248-49

(1992). 

Mr. Gourley is currently serving sentences of life for first degree murder,

fifteen years to life for aggravated burglary, and nine years to life for felony theft

as a result of 1977 convictions in state court. In his habeas petition before the

district court, Mr. Gourley raised seven different claims of constitutional

violation that occurred in the course of his trial in the state court system. After

considering and rejecting each claim, the district court denied Mr. Gourley’s

petition. This appeal followed, raising essentially the same constitutional claims.

After review, we conclude that the district court’s decision is correct on the

law and is fully supported by the record. 

We DENY the certificate of appealability and AFFIRM for the reasons set

forth in the district court’s Memorandum and Order.

Entered for the Court

Monroe G. McKay

Circuit Judge
EXHIBIT 24.1

                         INDEPENDENT AUDITORS' CONSENT

     We consent to incorporation by reference in the Registration Statement
(Form S-8) of Maxxim Medical, Inc. and subsidiaries of our report dated January
16, 1997, relating to the consolidated balance sheets of Maxxim Medical, Inc.
and subsidiaries as of November 3, 1996 and October 29, 1995, and the related
consolidated statements of operations, shareholders' equity, and cash flows and
related schedule for the fifty-two week periods ended November 3, 1996, October
29, 1995 and October 30, 1994, which report appears in the November 3, 1996
annual report on Form 10-K of Maxxim Medical, Inc. and subsidiaries.

                                                         KPMG PEAT MARWICK LLP

February 3, 1997
I 

112TH CONGRESS 

1ST SESSION H. R. 2890 

To expand homeland security at public water systems and treatment works 

by allowing the Secretary of Homeland Security to include these facilities 

in the Chemical Facility Anti-Terrorism Standards program. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 12, 2011 

Mr. CLARKE of Michigan introduced the following bill; which was referred to 

the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To expand homeland security at public water systems and 

treatment works by allowing the Secretary of Homeland 

Security to include these facilities in the Chemical Facility Anti-Terrorism Standards program. 

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


emcdonald on DSK5VPTVN1PROD with BILLS
2 

•HR 2890 IH

1 SECTION 1. DELEGATION OF AUTHORITY TO REGULATE 

2 CERTAIN TREATMENT WORKS AND PUBLIC 

3 WATER SYSTEMS TO THE ADMINISTRATOR OF 

4 THE ENVIRONMENTAL PROTECTION AGENCY. 

5 Section 550 of the Department of Homeland Security 

6 Appropriations Act, 2007 (Public Law 109–295; 6 U.S.C. 

7 121 note) is amended— 

8 (1) in subsection (a), by striking ‘‘Public Water 

9 Systems, as defined by section 1401 of the Safe 

10 Drinking Water Act, Public Law 93–523, as amend11 ed; Treatment Works as defined in section 212 of 

12 the Federal Water Pollution Control Act, Public 

13 Law 92–500, as amended;’’; and 

14 (2) by adding at the end the following new sub15 section: 

16 ‘‘(i)(1) The President shall delegate to the Adminis17 trator of the Environmental Protection Agency the author18 ity otherwise provided to the Secretary under this section 

19 with respect to— 

20 ‘‘(A) a treatment works, as such term is defined 

21 by section 212(2) of the Federal Water Pollution 

22 Control Act (33 U.S.C. 1292(2)); and 

23 ‘‘(B) a public water system, as such term is de24 fined by section 1401(4) of the Safe Drinking Water 

25 Act (42 U.S.C. 300f(4)). 


emcdonald on DSK5VPTVN1PROD with BILLS
3 

•HR 2890 IH

1 ‘‘(2) The Secretary shall provide technical assistance 

2 regarding compliance with regulations under this section, 

3 to any operator of a facility or treatment works referred 

4 to in paragraph (1).’’. 

Æ 


emcdonald on DSK5VPTVN1PROD with BILLS
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

 JANUARY 24, 2012

JOHN LEY

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

 FOR THE ELEVENTH CIRCUIT

 ________________________

 No. 11-12290 

Non-Argument Calendar

 ________________________

 D.C. Docket No. 6:10-cr-00028-BAE-GRS-1

UNITED STATES OF AMERICA, 

llllllllllllllllllllllllllllllllllllllll Plaintiff-Appellee,

 versus

LARRY DAVID JOHNSON, 

a.k.a. Pie,

llllllllllllllllllllllllllllllllllllllll Defendant-Appellant.

________________________

 Appeal from the United States District Court

 for the Southern District of Georgia

 ________________________

(January 24, 2012)

Before CARNES, WILSON and BLACK, Circuit Judges.

PER CURIAM:
Larry David Johnson appeals his 84-month sentence, imposed above the

applicable guideline range, after he pled guilty to one count of distribution of

cocaine base, in violation of 21 U.S.C. § 841(a)(1). On appeal, Johnson argues

that in applying 18 U.S.C. § 3553(a)’s sentencing factors, the district court

improperly relied on facts, such as Johnson’s criminal history, that the district

court had already considered in determining Johnson’s guideline range. Johnson

contends that the district court’s improper reliance on such facts resulted in an

unreasonable upward variance.

“To be upheld on appeal, a sentence must be both procedurally and

substantively reasonable.” United States v. Rodriguez, 628 F.3d 1258, 1264 (11th

Cir. 2010) (quotation omitted). We review the reasonableness of a sentence under

a deferential abuse-of-discretion standard. Gall v. United States, 552 U.S. 38, 41

(2007). “A district court abuses its discretion when it (1) fails to afford

consideration to relevant factors that were due significant weight, (2) gives

significant weight to an improper or irrelevant factor, or (3) commits a clear error

of judgment in considering the proper factors.” United States v. Irey, 612 F.3d

1160, 1189 (11th Cir. 2010) (en banc) (quotation omitted). 

While Johnson does not clearly distinguish between procedural and

substantive reasonableness, he appears to argue that his sentence is

2
(1) procedurally unreasonable because the district court improperly considered

facts that had already been accounted for in the guideline range calculation; and

(2) substantively unreasonable because none of § 3553(a)’s sentencing factors

would have justified the upward variance had the district court not committed the

procedural error of considering such improper facts. 

Foreclosing Johnson’s arguments, this Court has repeatedly “held that a

district court can rely on factors in imposing a variance that it had already

considered in imposing an enhancement.” Rodriguez, 628 F.3d at 1264; United

States v. Amedeo, 487 F.3d 823, 833-34 (11th Cir. 2007). Accordingly, we affirm

the 84-month sentence.

AFFIRMED.

3
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AND RESULTS OF OPERATIONS AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1997
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                   43,331
<ALLOWANCES>                                   (3,078)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                42,655
<PP&E>                                          50,689
<DEPRECIATION>                                (16,482)
<TOTAL-ASSETS>                                 104,747
<CURRENT-LIABILITIES>                           28,516
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           257
<OTHER-SE>                                      72,045
<TOTAL-LIABILITY-AND-EQUITY>                   104,747
<SALES>                                        124,391
<TOTAL-REVENUES>                               124,391
<CGS>                                          134,061
<TOTAL-COSTS>                                  134,061
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 2,325
<INTEREST-EXPENSE>                               1,095
<INCOME-PRETAX>                               (10,765)
<INCOME-TAX>                                       247
<INCOME-CONTINUING>                           (10,518)
<DISCONTINUED>                                     479
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (10,039)
<EPS-PRIMARY>                                   (0.39)
<EPS-DILUTED>                                   (0.39)
        

</TABLE>
**Exhibit 21**

 

**SUBSIDIARIES OF MERIT MEDICAL SYSTEMS, INC.**

 
| ** **                            | ** ** | **Jurisdiction of**       |
|---------------------------------------|------------|--------------------------------|
| **Subsidiary Name**              | ** ** | **Incorporation/Organization** |
| BioSphere   Medical Japan, Inc.  |       | Delaware                       |
| BioSphere   Medical SA                |       | France                         |
| BioSphere   Medical, Inc.        |       | Delaware                       |
| BSMD   Ventures, Inc.            |       | Delaware                       |
| MCTec   B.V.                          |       | Netherlands                    |
| MCTec   Holding B.V.                  |       | Netherlands                    |
| Merit   Holdings, Inc.           |       | Utah                           |
| Merit   Medical (NRI) Ireland Limited |       | Ireland                        |
| Merit   Medical Austria GmbH          |       | Austria                        |
| Merit   Medical Beijing Co. Ltd       |       | China                          |
| Merit   Medical Belgium B.V.B.A.      |       | Belgium                        |
| Merit   Medical Denmark A/S           |       | Denmark                        |
| Merit   Medical Finland Ltd.          |       | Finland                        |
| Merit   Medical France SAS            |       | France                         |
| Merit   Medical GmbH                  |       | Germany                        |
| Merit   Medical Ireland, Limited      |       | Ireland                        |
| Merit   Medical Nederland B.V.        |       | Netherlands                    |
| Merit   Medical Systems AB            |       | Sweden                         |
| Merit   Medical UK Limited            |       | United   Kingdom               |
| Merit   Sensor Systems, Inc.     |       | Utah                           |
| Merit   Services, Inc.           |       | Utah                           |

 

----
**Exhibit
      32**




**CERTIFICATION**




By
      signing below, each of the undersigned officers hereby certifies pursuant to
      18
      U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
      2002, that, to his or her knowledge, (i) this report fully complies with the
      requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
      and (ii) the information contained in this report fairly presents, in all
      material respects, the financial condition and results of operations of River
      Valley Bancorp.




Signed
      this 14th day of August 2007.





/s/
                Matthew P. Forrester
            
            /s/
                Vickie L. GrimesMatthew
                P. Forrester
            
            Vickie
                L. GrimesPresident
                and Chief Executive Officer
            
            Vice
                President of Finance
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE FINANCIAL DATA SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION
EXTRACTED FROM SEPTEMBER 30, 1996 10-Q BALANCE SHEET & INCOME STATEMENT AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<PERIOD-TYPE>                                9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                       1,006,730
<SECURITIES>                                         0
<RECEIVABLES>                               23,216,083
<ALLOWANCES>                                         0
<INVENTORY>                                  2,032,693
<CURRENT-ASSETS>                            29,768,914
<PP&E>                                      19,049,214
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              84,799,256
<CURRENT-LIABILITIES>                       18,613,673
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       100,133
<OTHER-SE>                                  53,017,571
<TOTAL-LIABILITY-AND-EQUITY>                84,799,256
<SALES>                                     77,476,115
<TOTAL-REVENUES>                            77,476,115
<CGS>                                       35,095,128
<TOTAL-COSTS>                               35,095,128
<OTHER-EXPENSES>                            32,560,485
<LOSS-PROVISION>                             2,286,502
<INTEREST-EXPENSE>                           1,663,374
<INCOME-PRETAX>                              5,870,626
<INCOME-TAX>                                 2,261,543
<INCOME-CONTINUING>                          3,609,083
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 3,609,083
<EPS-PRIMARY>                                      .49
<EPS-DILUTED>                                      .49

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          MAY-31-1996
<PERIOD-END>                               MAY-31-1996
<CASH>                                           8,701
<SECURITIES>                                         0
<RECEIVABLES>                                      500
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                       5,417,468
<DEPRECIATION>                                 132,725
<TOTAL-ASSETS>                               5,293,944
<CURRENT-LIABILITIES>                          536,863
<BONDS>                                      1,594,733
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,895
<OTHER-SE>                                   3,160,453
<TOTAL-LIABILITY-AND-EQUITY>                 5,293,944
<SALES>                                         72,336
<TOTAL-REVENUES>                                82,521
<CGS>                                           44,839
<TOTAL-COSTS>                                1,715,851
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             170,437
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                            (1,054,963)
<CHANGES>                                            0
<NET-INCOME>                               (2,903,569)
<EPS-PRIMARY>                                   (0.16)
<EPS-DILUTED>                                        0
        

</TABLE>
```

[United States Government Policy and Supporting Positions (Plum Book), 1996]
[Independent Agencies and Government Corporations]
[Physician Payment Review Commission]
[From the U.S. Government Printing Office, www.gpo.gov]

The Plum Book (United States Government Policy
        and Supporting Positions): 1996 EditionBRANCH: EXECUTIVE PHYSICIAN PAYMENT REVIEW COMMISSIONLocationPosition TitleName of IncumbentPay PlanType of Appt.Level Grade or PayTenureExpiresWashington, DCChairGail R. WilenskyPDTA..........2 years04/30/1998Washington, DCMemberLinda H. AikenPDTA..........6 years04/30/1997Washington, DCExecutive DirectorLauren B. LeRoyADXS..........3 years........Washington, DCMemberRichard V. AndersonPDTA..........3 years04/30/1999Washington, DCMemberGiles G. BolePDTA....................04/30/1997Washington, DCMemberP. William CurreriPDTA..........3 years04/30/1997Washington, DCMemberAnne JacksonPDTA..........3 years04/30/1999Washington, DCMemberDonald T. LewersPDTA..........3 years04/30/1998Washington, DCMemberMark V. PaulyPDTA..........3 years04/30/1998Washington, DCMemberPatricia PowersPDTA..........3 years04/30/1998Washington, DCMemberFrank SloanPDTA..........3 years04/30/1997Washington, DCMemberEarl P. SteinbergPDTA..........3 years04/30/1999Washington, DCMemberRay E. StowersPDTA..........3 years04/30/1999Washington, DCMemberRoger S. TaylorPDTA..........3 years04/30/1998Washington, DCDeputy DirectorDavid C. ColbyADXS............................
```
Unassociated Document







Exhibit 10.1(a)


 


 



THIS CONVERTIBLE PROMISSORY NOTE AND THE SECURITIES ISSUABLE UPON THE CONVERSION HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 OR UNDER ANY SECURITIES LAWS OF ANY STATE. THEY MAY NOT. BE SOLD, OFFERED FOR SALE, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933, OR AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY THAT REGISTRATION IS NOT REQUIRED UNDER. SUCH ACT OR ANY SUCH LAW.


 


First China Pharmaceutical Group, Inc.


 


October 4, 2010


 


AMENDMENT TO THE CONVERTIBLE PROMISSORY NOTE DATED OCTOBER 3, 2010


 


In accordance with Article 9(b) of the Convertible Promissory Note granted on October 3, 2010 by Sierra Growth Inc. to First China Pharmaceutical Group, Inc, Sierra Growth Inc. hereby assigns the Convertible Promissory Note to Caledonia Partners LLC.  This approval of this assignment relinquishes First China Pharmaceutical Group, Inc, from any and all obligations to Sierra Growth Inc. in regard to the Convertible. Promissory Note of October 3, 2010


 


IN WITNESS WHEREOF, the Company agrees to have the Promissory Note of October 3, 2010 to Caladonia Partners LLC under the same terms and conditions as agreed to with Sierra Growth Inc.


 




	  	
First China Pharmaceutical Group, Inc.


	  	  	  
	  	  	  
	  	
By:

	
/s/ Zhen Jiang Wang


	  	
Name:

	
Zhen Jiang Wang


	  	
Title:

	
Chairman & Chief Executive Officer














 


 


 


Agreed and Accepted:


 


HOLDER  Sierra Growth Inc.


 



	
By:

	
 /s/ Josephine Agotilla

	 
	 	 	 
	
Name:

	
 Josephine Agotilla

	 
	 	 	 
	
Title:

	
 Authorized Signatory
<PAGE>

                                                                      EXHIBIT 11


                                 LEAPNET, INC.

             STATEMENT REGARDING COMPUTATION OF PER-SHARE EARNINGS


<TABLE>
<CAPTION>
                                                                                                      Three Months Ended April 30,
                                                                                                      ----------------------------
                                                                                                         1999             1998
                                                                                                         ----             ----
<S>                                                                                                      <C>              <C>
Net income (loss)                                                                                     ($211,686)        $14,986

Weighted average number of common
   shares outstanding as used in the basic
   per share calculation                                                                             14,134,000      13,641,000

Net shares issuable upon exercise of
    dilutive outstanding stock options                                                                        0         220,000
                                                                                                     ----------      ----------

Shares used in diluted per share
    calculation                                                                                      14,134,452      13,861,000

Basic earnings per common share                                                                          ($0.01)          $0.00
Diluted earnings per common share                                                                        ($0.01)          $0.00
</TABLE>

                                       26