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

No. 10-14646

Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

April 6, 2011.

Anne R. Schultz, Wifredo A. Ferrer, U.S. Attorney, Kathleen M. Salyer, U.S. Attorney’s Office, Miami, FL, Patricia L. Diaz, United States Attorney’s Office, Fort Lauderdale, FL, for Plaintiff-Appellee.

Gail M. Stage, Federal Public Defender’s Office, Ft. Lauderdale, FL, Kathleen M. Williams, Federal Public Defender, Federal Public Defender’s Office, Miami, FL, for Defendant-Appellant.

Before WILSON, MARTIN and KRAVITCH, Circuit Judges.

PER CURIAM:

Patrice Thomas appeals her 7-month sentence imposed after her probation was revoked pursuant to 18 U.S.C. § 3565(a). Thomas argues that her sentence was substantively unreasonable because her crime leading to her revocation was minor, her probation history was otherwise clean, she accepted responsibility, and all parties had agreed that the proper punishment was an anti-theft program.

Upon review of the record and consideration of the parties’ briefs, we affirm Thomas’s sentence. The sentence fell in the middle of the applicable 4-10 month guideline range, and we ordinarily expect guideline sentences to be reasonable. *United States v. Talley,*431 F.3d 784, 788 (11th Cir.2005) (per curiam). And Thomas’s sentence achieved the purposes of sentencing as stated in § 3553(a). The term of imprisonment, anti-theft program, and restitution deterred Thomas, protected the public from further crimes, took into account the nature of the offense and the characteristics of Thomas, provided Thomas with needed correctional treatment, and provided compensation to Thomas’s victim. The district court did not abuse its discretion. Accordingly, we affirm Thomas’s sentence.

AFFIRMED.
<PAGE>




                                                                    EXHIBIT 32.2


                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
                           Pursuant to 18 U.S.C. 1350
                 (SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002)



         I, Ethan D. Hokit,  Chief  Financial  Officer of Military Resale Group,
Inc. (the "Registrant"),  do hereby certify,  pursuant to 18 U.S.C. Section 1350
as adopted pursuant to Section 906 of the  Sarbanes-Oxley  Act of 2002, that, to
the best of my knowledge,  based upon a review of the  Quarterly  Report on Form
10-QSB for the quarterly period ended June 30, 2003 of the Registrant,  as filed
with the Securities and Exchange Commission on the date hereof (the "Report"):

         (1) The Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities 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
Registrant.

                                         By: /S/ Ethan D. Hokit
                                         ------------------------------
                                         Name: Ethan D. Hokit
                                         Title: Chief Financial Officer



September 3, 2003

---------------------

This  certification  accompanies  the  Report  pursuant  to  Section  906 of the
Sarbanes-Oxley  Act of 2002 and shall not,  except to the extent required by the
Sarbanes-Oxley  Act of 2002,  be deemed  filed by the  Company  for  purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.

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



                                       33

<PAGE>
#### In the Matter of Paul Kairis, Appellant, v Harold D. Graham, Superintendent, Auburn Correctional Facility, Respondent.

[988 NYS2d 820]

Appeal from an order of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered March 7, 2013 in a proceeding pursuant to CPLR article 78. The order denied petitioner’s motion to vacate a judgment entered September 27, 2011 and an order entered May 7, 2012.

It is hereby ordered that said appeal from the order insofar as it denied leave to reargue is unanimously dismissed and the order is affirmed without costs.

Memorandum: Petitioner was previously determined, following a tier II hearing, to be guilty of violating certain inmate rules and, according to petitioner, his administrative appeal of the determination was “lost.” Petitioner thereafter commenced this CPLR article 78 proceeding contending, inter alia, that respondent had failed to decide his administrative appeal. Supreme Court dismissed the petition by judgment entered in September 2011 (judgment). Petitioner’s appeal from the judgment was dismissed by this Court. Petitioner moved pursuant to CPLR 5015 for relief from the judgment based on, inter alia, newly discovered evidence and, by order entered in May 2012, the court denied that motion. Petitioner did not take an appeal from that order, but again moved to vacate the judgment, as well as the order, “upon the grounds of newly discovered evidence.” The court treated petitioner’s motion as one for leave to reargue and renew his prior motion *(see*CPLR 2221 [d], [e]), and the order denying that motion is the subject of this appeal.

As a preliminary matter, we note that it is “well settled that no appeal lies from an order denying a motion for leave to reargue” *(Hilliard v Highland Hosp.,*88 AD3d 1291, 1292-1293 [2011]), and we therefore dismiss the appeal from the order to that extent.

“[A] motion for leave to renew must be ‘based upon new facts not offered on the prior motion that would change the prior de*1495termination’ ” *(Heltz v Barratt,*115 AD3d 1298, 1299 [2014]). “[A] motion for leave to renew ‘is not a second chance freely given to parties who have not exercised due diligence in making their first factual presentation’ ” *(id.*at 1300). Here, petitioner failed to present any new facts sufficient to support a motion pursuant to CPLR 2221 (e). Contrary to petitioner’s contention, he did not identify a new fact by noting that a copy of his affidavit submitted to the Hearing Officer at the tier II hearing was not appended to the answer to the petition. Indeed, the court specifically stated that it had received the “missing affidavit” prior to issuing its judgment. Contrary to petitioner’s further contention, he did not identify a new fact by noting that a significant portion of testimony was missing from one of the transcripts. Petitioner had previously raised a mere variation of that point in his reply to the answer. We therefore agree with respondent that petitioner offered no basis for the court to “change [its] prior determination” (CPLR 2221 [e] [2]). Present—Smith, J.P, Centra, Carni, Whalen and DeJoseph, JJ.
EXHIBIT 35.3
                     SERVICER COMPLIANCE STATEMENT (ITEM 1123)
                           HOMECOMINGS FINANCIAL, LLC
                 RAMP SERIES 2006-RS2 TRUST (THE "ISSUING ENTITY")

      The undersigned,  a duly authorized officer of Homecomings Financial, LLC,
      as  servicer  (the  "Servicer")   pursuant  to  the  applicable  servicing
      agreement, does hereby certify that:

      1. A review of the Servicer's  activities during the period covered by the
      Issuing  Entity's  report on Form 10-K and of the  Servicer's  performance
      under  the  applicable   servicing   agreement  has  been  made  under  my
      supervision.

      2. To the best of my  knowledge,  based on such  review,  the Servicer has
      fulfilled all of its obligations under the applicable  servicing agreement
      in all material respects  throughout such period.

     IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this
     26th day of March 2007.

      By: /s/ Anthony N. Renzi
          Name: Anthony N. Renzi
          Title: Managing Director
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3228 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3228

To reinstate and transfer certain hydroelectric licenses and extend the 
  deadline for commencement of construction of certain hydroelectric 
              projects in the Town of Canton, Connecticut.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2009

  Mr. Murphy of Connecticut introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
To reinstate and transfer certain hydroelectric licenses and extend the 
  deadline for commencement of construction of certain hydroelectric 
              projects in the Town of Canton, Connecticut.

    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 ``Collinsville Renewable Energy 
Promotion Act''.

SEC. 2. EXTENSION OF TIME AND REINSTATEMENT OF EXPIRED LICENSES FOR 
              FEDERAL ENERGY REGULATORY COMMISSION PROJECTS NUMBERED 
              10822 AND 10823.

    Notwithstanding the time period specified in section 13 of the 
Federal Power Act (16 U.S.C. 806) that would otherwise apply to the 
Federal Energy Regulatory Commission projects numbered 10822 and 10823, 
the Federal Energy Regulatory Commission (referred to in this Act as 
the ``Commission'') shall, upon the enactment of this Act--
            (1) reinstate the licenses effective as of the date of 
        their termination; and
            (2) extend the time period during which the licensee is 
        required to commence the construction of each project to and 
        including February 23, 2011.

SEC. 3. TRANSFER OF LICENSES TO THE TOWN OF CANTON, CONNECTICUT.

    Notwithstanding section 8 of the Federal Power Act (16 U.S.C. 801) 
or any other provision thereof, the Commission is directed to transfer 
the licenses for Federal Energy Regulatory Commission projects numbered 
10822 and 10823, without delay or the institution of any proceedings, 
to the Town of Canton, Connecticut, not later than 30 days after the 
date of the enactment of this Act.
                                 <all>
```
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                             508
<SECURITIES>                                         0
<RECEIVABLES>                                    3,106<F1>
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                          59,332
<DEPRECIATION>                                  14,276
<TOTAL-ASSETS>                                  56,187
<CURRENT-LIABILITIES>                            1,571
<BONDS>                                         63,364<F2>
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                    (12,093)
<TOTAL-LIABILITY-AND-EQUITY>                    56,187
<SALES>                                              0
<TOTAL-REVENUES>                                24,298
<CGS>                                                0
<TOTAL-COSTS>                                   10,852
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               8,735
<INCOME-PRETAX>                                  4,711
<INCOME-TAX>                                       895
<INCOME-CONTINUING>                              3,816
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                    459
<CHANGES>                                            0
<NET-INCOME>                                     2,479
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>Includes note receivable of $.466 million.
<F2>Net of bond discount of $1.39 million.
</FN>
        

</TABLE>
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

October 31, 2005 Clifford W. Taylor, Chief Justice
128523 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, Robert P. Young, Jr. Stephen J. Markman, Justices

v SC: 128523 COA: 223539 Wayne CC: 99-004118 OSCAR MONTES, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to app eal the February 28, 2005 order of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

K ELLY
, J., would hold this case in abeyance for People v Drohan , lv gtd 472 Mich 881 (2005).

p1024 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

October 31, 2005

Clerk
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the Balance
Sheet at September 30, 1997 and the Statement of Income for the Year Ended
September 30, 1997 and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                            <C>
<PERIOD-TYPE>                 12-MOS
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-START>                             OCT-01-1996
<PERIOD-END>                               SEP-30-1997
<CASH>                                              27
<SECURITIES>                                       128
<RECEIVABLES>                                   10,995
<ALLOWANCES>                                       206
<INVENTORY>                                      7,183
<CURRENT-ASSETS>                                18,461
<PP&E>                                           7,068
<DEPRECIATION>                                   3,459
<TOTAL-ASSETS>                                  23,497
<CURRENT-LIABILITIES>                            7,303
<BONDS>                                          8,791
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            25
<OTHER-SE>                                       7,183
<TOTAL-LIABILITY-AND-EQUITY>                    23,497
<SALES>                                        178,991
<TOTAL-REVENUES>                               178,891
<CGS>                                          159,435
<TOTAL-COSTS>                                  159,435
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 867
<INCOME-PRETAX>                                  3,289
<INCOME-TAX>                                     1,349
<INCOME-CONTINUING>                              1,941
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,941
<EPS-PRIMARY>                                      .79
<EPS-DILUTED>                                      .79
        

</TABLE>
[Federal Register Volume 82, Number 203 (Monday, October 23, 2017)]
[Notices]
[Page 48986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22902]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF755


Fisheries of the South Atlantic; South Atlantic Fishery 
Management Council; Public Meetings

AGENCY: National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Commerce.

ACTION: Notice of a public meeting.

-----------------------------------------------------------------------

SUMMARY: The South Atlantic Fishery Management Council's (Council) 
Snapper Grouper Advisory Panel (AP) will meet to discuss proposed 
changes to management of the snapper grouper fishery, provide 
information, and receive updates. See SUPPLEMENTARY INFORMATION.

DATES: The Snapper Grouper AP meeting will be held Wednesday, November 
8, 2017, from 9 a.m. until 5 p.m. and from 9 a.m. until 5 p.m. on 
Thursday, November 9, 2017.

ADDRESSES: 
    Meeting address: The meeting will be held at the Crowne Plaza 
Hotel; 4831 Tanger Outlet Boulevard, North Charleston, SC 29418.
    Council address: South Atlantic Fishery Management Council, 4055 
Faber Place Drive, Suite 201, N. Charleston, SC 29405.

FOR FURTHER INFORMATION CONTACT: Kim Iverson, Public Information 
Officer, South Atlantic Fishery Management Council, 4055 Faber Place 
Drive, Suite 201, N. Charleston, SC 29405; phone: (843) 571-4366 or 
toll free: (866) SAFMC-10; fax: (843) 769-4520; email: 
<a href="/cdn-cgi/l/email-protection#9df6f4f0b3f4ebf8efeef2f3ddeefcfbf0feb3f3f8e9"><span class="__cf_email__" data-cfemail="5f3436327136293a2d2c30311f2c3e39323c71313a2b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Snapper Grouper AP will review and 
provide recommendations on developing amendments to the Snapper Grouper 
Fishery Management Plan (recreational and commercial visioning 
amendments and best fishing practices and recreational reporting 
amendment); provide information to develop fishery performance reports 
on black sea bass and vermilion snapper; and receive updates on items 
including stock assessments, recreational data reporting projects, a 
proposed moratorium on for-hire permits, and other items.

Special Accommodations

    This meeting is accessible to people with disabilities. Requests 
for auxiliary aids should be directed to the SAFMC office (see 
ADDRESSES) at least 5 business days prior to the meeting.

    Note:  The times and sequence specified in this agenda are 
subject to change.


    Authority: 16 U.S.C. 1801 et seq.

    Dated: October 18, 2017.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-22902 Filed 10-20-17; 8:45 am]
 BILLING CODE 3510-22-P


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</html>
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-7809

MICHAEL A. WILLIAMS, Plaintiff - Appellant, versus JOHN SANDERS, West Virginia Department of Highways, Defendant - Appellee.Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. Robert Earl Maxwell, Senior District Judge. (CA-99-114-2) Submitted: March 8, 2001 Decided: March 16, 2001 Before MOTZ, TRAXLER, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Michael A. Williams, Appellant Pro Se. Michael Kozakewich, Jr., STEPTOE & JOHNSON, Clarksburg, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Michael A. Williams appeals the district court’s order denying relief on his 42 U.S.C.A. § 1983 (West Supp. 2000) complaint. We have reviewed the record and the district’s opinion and find noreversible error. Accordingly, we deny Williams’ motion for appointment of counsel and affirm on the reasoning of the district court. Williams v. Sanders , No. CA-99-114-2 (N.D.W. Va. Dec. 7, 2000). 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.

AFFIRMED
LIVESTAR ENTERTAINMENT
GROUP, INC.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 Livestar Entertainment Group, Inc. (the
Company) on Form 10-QSB for the period ending March 31, 2004, as filed with
the Securities and Exchange Commission on the date hereof (the Report), I, Ray
Hawkins, Principal Executive Officer of the Company, certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1)     The Report fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of1934; 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/ Ray Hawkins Ray HawkinsPrincipal Executive
Officer

May 24, 2004

A
signed original of this written statement required by Section 906 has been provided to
Livestar Entertainment Group, Inc. and will be retained by Livestar Entertainment Group,
Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
<PAGE>   1

                                                                   EXHIBIT 23.1

                       CONSENT OF INDEPENDENT ACCOUNTANTS

We consent to the incorporation by reference in the registration statements of
Brooke Group Ltd. on Form S-8 (File Nos. 333-24217, 333-50189 and 333-59615)
of: (i) our report, dated March 30, 1999, on our audits of the consolidated
financial statements and financial statement schedule of Brooke Group Ltd. and
Subsidiaries as of December 31, 1998 and 1997, and for each of the three years
in the period ended December 31, 1998 (ii) our report, dated March 19, 1999 on
our audits of the consolidated financial statements of New Valley Corporation
and Subsidiaries as of December 31, 1998 and 1997, and for each of the three
years in the period ended December 31, 1998, which reports are included in this
Annual Report on Form 10-K of Brooke Group Ltd. for the year ended December 31,
1998.


/S/ PRICEWATERHOUSECOOPERS LLP

Miami, Florida
April 6, 1999
<PAGE>


                                                                    EXHIBIT 99.2



                            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 Atlas-Energy for the Nineties Public
#8 Ltd. (the "Partnership") on Form 10-QSB for the period ending September 30,
2003 as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Nancy J. McGurk, Chief Financial Officer of the Partnership,
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/ Nancy J. McGurk
                    ---------------------------------------------------------
                    Nancy J. McGurk
                    Chief Financial Officer of the Managing General Partner
                    11/14/03

                                       19