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

No. 10-30081.

United States Court of Appeals, Ninth Circuit.

Submitted March 8, 2011.*

Filed March 15, 2011.

Marcia Kay Hurd, Esquire, Assistant U.S. Attorney, USBI-Office of the U.S. Attorney, Billings, MT, for Plaintiff-Appel-lee.

Alan Steven Yockelson, Esquire, Law Office of Alan S. Yockelson, San Clemente, CA, for Defendant-Appellant.

Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Rayne Wolery appeals from the 180-month sentence imposed following his guilty-plea conviction for attempted sexual exploitation of children, in violation of 18 U.S.C. § 2251(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Wolery contends that the district court erred by failing to recognize its authority to depart downward from the 15-year mandatory minimum sentence called for by the statute. This contention lacks merit. In the absence of a motion from the government, the district court did not have discretion to depart downward from the mandatory minimum. *See United States v. Valente,*961 F.2d 133, 134-35 (9th Cir.1992); *see also United States v. Quach,*302 F.3d 1096, 1103 n. 3 (9th Cir.2002).

Wolery also contends that the mandatory minimum sentence violates the Eighth Amendment prohibition against cruel and unusual punishment. This contention also lacks merit. *See United States v. Meiners,*485 F.3d 1211, 1212-13 (9th Cir.2007) (per curiam).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> UT
<CIK> 0001088691
<NAME> TXU EUROPE LIMITED
<MULTIPLIER> 1,000,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                        2,706
<OTHER-PROPERTY-AND-INVEST>                      4,696
<TOTAL-CURRENT-ASSETS>                           1,131
<TOTAL-DEFERRED-CHARGES>                           203
<OTHER-ASSETS>                                     252
<TOTAL-ASSETS>                                   8,988
<COMMON>                                         1,467
<CAPITAL-SURPLUS-PAID-IN>                            0
<RETAINED-EARNINGS>                                246
<TOTAL-COMMON-STOCKHOLDERS-EQ>                   1,739
<PREFERRED-MANDATORY>                               94
<PREFERRED>                                          0
<LONG-TERM-DEBT-NET>                             4,605
<SHORT-TERM-NOTES>                                 387
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                      335
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                          0
<LEASES-CURRENT>                                     0
<OTHER-ITEMS-CAPITAL-AND-LIAB>                   1,828
<TOT-CAPITALIZATION-AND-LIAB>                    8,988
<GROSS-OPERATING-REVENUE>                        1,151
<INCOME-TAX-EXPENSE>                                33
<OTHER-OPERATING-EXPENSES>                       1,005
<TOTAL-OPERATING-EXPENSES>                       1,005
<OPERATING-INCOME-LOSS>                            146
<OTHER-INCOME-NET>                                   1
<INCOME-BEFORE-INTEREST-EXPEN>                     147
<TOTAL-INTEREST-EXPENSE>                            89
<NET-INCOME>                                        33
<PREFERRED-STOCK-DIVIDENDS>                          0
<EARNINGS-AVAILABLE-FOR-COMM>                       33
<COMMON-STOCK-DIVIDENDS>                             0
<TOTAL-INTEREST-ON-BONDS>                           89
<CASH-FLOW-OPERATIONS>                             171
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
EXHIBIT 10.12

[GRAPHIC OMITTED]
 BRIGHTEC
    ooo Be Brilliant.
                                     ADVANCED LUMITECH INC. d/b/a BRIGHTEC
                                     8c Pleasant Street, First Floor
                                     South Natick, MA 01760

                                     508/647-9710 T
                                     508/647-9711 F

                                     pplanche@brightec.com
                                     www.brightec.com

January 27, 2006

Francois PLANCHE
81 Boulevard de la Cluse
1205 Geneva
Switzerland


Dear Francois:

         This will confirm the agreement between Advanced Lumitech, Inc. d/b/a
Brightec (the "Company") and you concerning your agreement to allow the Company
to redeem, effective as of the date hereof, 195,834 shares (the "Shares") of the
Company's common stock, $.001 par value (the "Common Stock"), owned by you in
order to allow the Company to fulfill its commitments to issue shares of its
Common Stock to certain investors in the Company. In connection with the
Company's redemption of the Shares, the Company and you agree that the Company
shall not pay you any consideration in connection with the redemption, provided,
however, that the Company will use its best efforts to increase the number of
authorized shares of its Common Stock as soon as reasonably practicable after
the date hereof and that, upon such event, it will issue 195,834 replacement
shares (the "Replacement Shares") to you (adjusted for any stock split, stock
dividend or similar recapitalization occurring after the date hereof and prior
to such issuance) for no additional consideration. The Company further agrees
that if the Company is sold prior to the issuance of the Replacement Shares,
whether pursuant to a merger, sale of all or substantially all of the Company's
assets or otherwise, you shall be treated as the owner of such Replacement
Shares for purposes of determining any proceeds of such transaction
distributable to you.

         Please execute the counterpart copy of this letter in the space
provided to indicate your agreement to the foregoing upon which this letter
shall become a binding agreement between the Company and you.


                                       Very truly yours,

                                       Advanced Lumitech, Inc.
                                       d/b/a Brightec

                                       By: /s/ PATRICK PLANCHE
                                           -------------------------------------
                                           Patrick Planche

Agreed and acceptable
this 27th day of January, 2006

/s/ FRANCOIS PLANCHE
---------------------------------
Francois Planche
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3547 Enrolled Bill (ENR)]

        H.R.3547

                      One Hundred Eleventh Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
             the sixth day of January, two thousand and nine

                                 An Act

 
To designate the facility of the United States Postal Service located at 
   936 South 250 East in Provo, Utah, as the ``Rex E. Lee Post Office 
                               Building''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. REX E. LEE POST OFFICE BUILDING.
    (a) Designation.--The facility of the United States Postal Service 
located at 936 South 250 East in Provo, Utah, shall be known and 
designated as the ``Rex E. Lee Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Rex E. Lee 
Post Office Building''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3506 Engrossed in House (EH)]

111th CONGRESS
  2d Session
                                H. R. 3506

_______________________________________________________________________

                                 AN ACT

 
 To amend the Gramm-Leach-Bliley Act to provide an exception from the 
    continuing requirement for annual privacy notices for financial 
  institutions which do not change their policies and practices with 
 regard to disclosing nonpublic personal information from the policies 
and practices that were disclosed in the most recent disclosure sent to 
                   consumers, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Eliminate Privacy Notice Confusion 
Act''.

SEC. 2. EXCEPTION TO ANNUAL PRIVACY NOTICE REQUIREMENT UNDER THE GRAMM-
              LEACH-BLILEY ACT.

    Section 503 of the Gramm-Leach-Bliley Act (15 U.S.C. 6803) is 
amended by adding the following new subsection:
    ``(f) Exception to Annual Notice Requirement.--A financial 
institution that--
            ``(1) provides nonpublic personal information only in 
        accordance with the provisions of subsection (b)(2) or (e) of 
        section 502 or regulations prescribed under section 504(b); and
            ``(2) has not changed its policies and practices with 
        regard to disclosing nonpublic personal information from the 
        policies and practices that were disclosed in the most recent 
        disclosure sent to consumers in accordance with this 
        subsection,
shall not be required to provide an annual disclosure under this 
subsection until such time as the financial institution fails to comply 
with any criteria described in paragraph (1) or (2).''.

SEC. 3. BUDGET COMPLIANCE.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Committee on the Budget of the House of 
Representatives, provided that such statement has been submitted prior 
to the vote on passage.

            Passed the House of Representatives April 14, 2010.

            Attest:

                                                                 Clerk.
111th CONGRESS

  2d Session

                               H. R. 3506

_______________________________________________________________________

                                 AN ACT

 To amend the Gramm-Leach-Bliley Act to provide an exception from the 
    continuing requirement for annual privacy notices for financial 
  institutions which do not change their policies and practices with 
 regard to disclosing nonpublic personal information from the policies 
and practices that were disclosed in the most recent disclosure sent to 
                   consumers, and for other purposes.
```
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-6137

WENDELL L. WATKINS, SR.,

Petitioner - Appellant,

versus

THOMAS R. CORCORAN, Warden; ATTORNEY GENERAL

OF THE STATE OF MARYLAND,

Respondents - Appellees.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. Alexander Harvey II, Senior District

Judge. (CA-97-2279-H)

Submitted: March 26, 1998 Decided: April 9, 1998

Before WIDENER and MOTZ, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Wendell L. Watkins, Sr., Appellant Pro Se. John Joseph Curran,

Jr., Attorney General, Annabelle Louise Lisic, OFFICE OF THE

ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant seeks to appeal two district court orders, the first

denying relief on his petition filed under 28 U.S.C.A. § 2254 (West

1994 & Supp. 1997), and the second denying his motion for "newly

discovered evidence" and for an evidentiary hearing. We have reviewed the record and the district court's opinions and find no

reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court.

Watkins v. Corcoran, No. CA-97-2279-H (D. Md. Jan. 8 & 20, 1998).

We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court

and argument would not aid the decisional process.

DISMISSED
II 

Calendar No. 146 

111TH CONGRESS 

1ST SESSION H. R. 3435 

IN THE SENATE OF THE UNITED STATES 

AUGUST 3, 2009 

Received and read the first time 

AUGUST 4, 2009 

Read the second time and placed on the calendar 

AN ACT 

Making supplemental appropriations for fiscal year 2009 for 

the Consumer Assistance to Recycle and Save Program. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2009, and for other pur6 poses, namely: 


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2 

HR 3435 PCS 

1 DEPARTMENT OF TRANSPORTATION 

2 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

3 CONSUMER ASSISTANCE TO RECYCLE AND SAVE PROGRAM

4 (TRANSFER OF FUNDS)

5 For an additional amount for ‘‘Consumer Assistance 

6 to Recycle and Save Program’’ to carry out the Consumer 

7 Assistance to Recycle and Save Program established by 

8 the Consumer Assistance to Recycle and Save Act of 2009 

9 (title XIII of Public Law 111–32), not to exceed 

10 $2,000,000,000, to remain available until September 30, 

11 2010: Provided, That such amount shall be available for 

12 such purpose only to the extent directed by the President, 

13 and shall be derived by transfer from the amount made 

14 available for ‘‘Department of Energy—Energy Pro15 grams—Title 17—Innovative Technology Loan Guarantee 

16 Program’’ in title IV of division A of the American Recov17 ery and Reinvestment Act of 2009 (Public Law 111–5): 

18 Provided further, That the amount under this heading is 

19 designated as an emergency requirement and necessary to 

20 meet emergency needs pursuant to sections 403 and 

21 423(b) of S. Con. Res. 13 (111th Congress), the concur22 rent resolution on the budget for fiscal year 2010. 

23 Section 1302(g) of Public Law 111–32 is amended 

24 by inserting the following new paragraph: 


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3 

HR 3435 PCS 

1 ‘‘(3) REVIEW OF ADMINISTRATION OF THE PRO2 GRAM BY GOVERNMENT ACCOUNTABILITY OFFICE

3 AND INSPECTOR GENERAL.—Not later than 180 

4 days after the termination date described in sub5 section (c)(1)(A), the Government Accountability Of6 fice and the Inspector General of the Department of 

7 Transportation shall submit reports to the Com8 mittee on Energy and Commerce of the House of 

9 Representatives and the Committee on Commerce, 

10 Science, and Transportation of the Senate reviewing 

11 the administration of the program.’’. 

Passed the House of Representatives July 31, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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Calendar No. 146 

111TH CONGRESS 

1ST SESSION H. R. 3435 

AN ACT 

Making supplemental appropriations for fiscal year 

and Save Program. 2009 for the Consumer Assistance to Recycle 

AUGUST 4, 2009 

Read the second time and placed on the calendar 


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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.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add Global Expedited Package Services 9 to the Competitive Products List.

# DATES:

Date of notice: October 20, 2017.

# FOR FURTHER INFORMATION CONTACT:

Christopher C. Meyerson, (202) 268-7820.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642, on October 13, 2017, it filed with the Postal Regulatory Commission a Request of The United States Postal Service to add Global Expedited Package Services 9 to the Competitive Products List. Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2018-6 and CP2018-11.                

Stanley F. Mires,

Attorney, Federal Compliance.

[FR Doc. 2017-22786 Filed 10-19-17; 8:45 am]

 BILLING CODE 7710-12-P
EXHIBIT 32.1

                  CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND
                  CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C.
                  SECTION 1350, AS ADOPTED PURSUANT TO SECTION
                      906 OF THE SARBANES-OXLEY ACT OF 2002

         I, Irwin Horowitz, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the
Quarterly Report of Evolve One, Inc. on Form 10-QSB/A for the fiscal quarter
ended March 31, 2005 fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 and that information contained in
such Quarterly Report on Form 10-QSB/A fairly presents in all material respects
the financial condition and results of operations of Evolve One, Inc.

September 13, 2005
                                        By: /s/ Irwin Horowitz
                                        Irwin Horowitz,
                                        President, Principal Executive Officer,
                                        and Principal Accounting and
                                        Financial Officer

[A signed original of this written statement required by Section 906 has been
provided to Evolve One, Inc. and will be retained by Evolve One, Inc. and
furnished to the United States Securities and Exchange Commission or its staff
upon request.]
---

CONSENT OF EXPERT

March 4, 2008

Augusta Resource Corporation

United States Securities and Exchange Commission

Ladies and Gentlemen:

Re: Augusta Resource
Corporation

I, James Sturgess, do hereby
consent to the filing of the written disclosure of the technical report entitled
2007 Mineral Resource Update for the Rosemont Project, Pima County, Arizona,
USA dated April 26, 2007, in the Form 40-F Annual Report and the Annual
Information Form of Augusta Resource Corporation (the Company) dated March 4,
2008.

I also consent to the use of my
name in the Companys Form 40-F Annual Report and Annual Information Form dated
March 4, 2008 and to the use of the name Augusta Resource Corporation, in my
capacity as Vice President, Projects & Environment of Augusta Resource
Corporation.

| | By: | */s/
      James Sturgess*           
| | --- | -------------------------------------
| |     | James Sturgess                       
| |     | Vice President Projects & Environment
| |     | Augusta Resource Corporation         
| |     | Denver, Colorado                     

---
**Exhibit    23.2** **CONSENT    OF INDEPENDENT REGISTERED PUBLIC ACCOUNTANTS**     As independent registered public accountants, we hereby consent    to the incorporation by reference in Registration Statement    No. 333-134495    on    Form S-8    of our report dated January 19, 2006, relating to the    consolidated financial statements of Delek US Holdings,    Inc. (Company) for the year ended December 31, 2004    included in the Annual Report on    Form 10-K    for the year ended December 31, 2006. It should be noted    that we have not audited any financial statements of the Company    subsequent to December 31. 2004, or performed any audit    procedures subsequent to the date of our report. /s/  Mayer    Hoffman McCann P.C. Plymouth    Meeting, Pennsylvania        March 16, 2007
#### Jo Ann HOFFMANN, Appellant, v. Keith FERGUSON, Sheriff, Benton County, Arkansas; Captain Hunter Petray, Benton County Detention Center; Steve Bell, Little Flock Police Department, Appellees.

No. 11-1128.

United States Court of Appeals, Eighth Circuit.

Submitted: July 6, 2011.

Filed: July 15, 2011.

Jo Ann Hoffman, Rogers, AR, pro se.

Janan A. Davis, John M. Rainwater, Rainwater & Holt, Little Rock, AR, John Lennon Wilkerson, Arkansas Municipal League, North Little Rock, AR, for Appellees.

Before WOLLMAN, BOWMAN, and SMITH, Circuit Judges.

PER CURIAM.

Jo Ann Hoffman appeals the district court’s1 adverse grant of summary judgment in her 42 U.S.C. § 1983 action. Upon de novo review of the record, see *McKenney v. Harrison,*635 F.3d 354, 358 (8th Cir.2011) (standard of review), we agree with the district court that defendants were entitled to summary judgment. We also find no basis for overturning the other orders Hoffman challenges on appeal. The judgment is affirmed, *see*8th Cir. R. 47B, and we also deny Hoffman’s motion to supplement the record.

1

. The Honorable Jimm Larry Hendren, Chief Judge, United States District Court for the Western District of Arkansas, adopting the report and recommendations of the Honorable Erin L. Setser, United States Magistrate Judge for the Western District of Arkansas.