alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

No. 11-1137

United States of America, *

*

Appellee, *

* Appeal from the United States

v. * District Court for the

* District of Minnesota.

Scott Homer McKinley, *

* [UNPUBLISHED]

Appellant. *

Submitted: June 13, 2011

Filed: August 1, 2011

Before COLLOTON, CLEVENGER, and BENTON, Circuit Judges.

1

PER CURIAM.

Defendant Scott Homer McKinley appeals his sentence following conviction

on a guilty plea of conspiracy to distribute 100 grams or more of heroin and

oxycodone. See 21 U.S.C. §§ 841(a)(1),(b)(1)(B), 846. Although the district court’s2

The HonorableRaymond C. Clevenger, III, CircuitJudge for the United States 1

Court of Appeals for the Federal Circuit, sitting by designation.

The Honorable Ann D. Montgomery, District Judge for the District of 2

Minnesota.
sentence of 188 months imprisonment was below the range set forth in the sentencing

guidelines, Mr. McKinley argues that the record did not support any sentence above

the statutory minimum of 120 months. We disagree, and so affirm.

In his appeal brief, Mr. McKinley describes his personal history of drug

addiction, illness, and homelessness. While we are sympathetic to Mr. McKinley’s

difficulties, the record indicates that the district court was aware of them and, we

presume, took theminto account in sentencing. United States v. Miles, 499 F.3d 906,

909 (8th Cir. 2007). We note particularly that Mr. McKinley’s sentence of 188

months is a substantial downward variance fromthe range called for in the sentencing

guidelines, which was 262 to 327 months. It is well established that a sentence within

the advisory guidelines would have been presumptively reasonable on appeal. Rita

v. United States, 551 U.S. 338, 350-51 (2007); United States v. Frausto, 636 F.3d

992, 997 (8th Cir. 2011).

The lengthy sentence recommended by the guidelines was, asthe district court

noted, partly due to Mr. McKinley’s criminal history. Nevertheless, the district court

determined that a shorter sentence was justified. Given that the longer sentence

called for by the guidelines would have been presumptively reasonable, and Mr.

McKinley received a lesser sentence than that, we decline Mr. McKinley’s request to

find that an even shorter sentence wasrequired. United States v. Flying By, 511 F.3d

773, 778 (8th Cir. 2007). We see no basis for finding, as Mr. McKinley urges, that

no sentence but the statutory minimum could possibly be applied here. We therefore

affirm the district court’s judgment.

 

-2-
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.                  

###### Federal Emergency Management Agency

          - [FEMA-3160-EM] 

# AGENCY:

Federal Emergency Management Agency (FEMA). 

# ACTION:

Notice. 

# SUMMARY:

This notice amends the notice of an emergency for the State of Michigan (FEMA-3160-EM), dated January 10, 2001, and related determinations. 

# EFFECTIVE DATE:

February 6, 2001. 

# FOR FURTHER INFORMATION CONTACT:

Madge Dale, Response and Recovery Directorate, Federal Emergency Management Agency, Washington, DC 20472, (202) 646-3772. 

# SUPPLEMENTARY INFORMATION:

The notice of an emergency for the State of Michigan is hereby amended to include the following area among those areas determined to have been adversely affected by the catastrophe declared an emergency by the President in his declaration of January 10, 2001: 

Bay County for emergency protective measures under the Public Assistance program for a period of 48 hours. 

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 83.537, Community Disaster Loans; 83.538, Cora Brown Fund Program; 83.539, Crisis Counseling; 83.540, Disaster Legal Services Program; 83.541, Disaster Unemployment Assistance (DUA); 83.542, Fire Suppression Assistance; 83.543, Individual and Family Grant (IFG) Program; 83.544, Public Assistance Grants; 83.545, Disaster Housing Program; 83.548, Hazard Mitigation Grant Program.) 

Lacy E. Suiter, 

Executive Associate Director, Response and Recovery Directorate. 

[FR Doc. 01-4130 Filed 2-16-01; 8:45 am] 

BILLING CODE 6718-02-P
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 Quarterly Report
of RBC Life Sciences, Inc. (the “Company”) on Form 10-Q for the period ending
September 30, 2009, as filed with the Securities and Exchange Commission on the
date hereof (the “Report”), John W. Price, President and Chief Executive Officer
of the Company does 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 his
knowledge:





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
      Company.





/s/ John W. PriceJohn
      W. PricePresident
      and Chief Executive OfficerNovember
      9, 2009
# U ni te d S ta te s Co ur t of A pp ea ls For the Eig hth Circu it

__ __ __ __ __ __ __ __ __ __ __ __ __ _ No. 1 8- 14 04

__ __ __ __ __ __ __ __ __ __ __ __ __ _ Uni te d S ta te s o f Am eri ca ll ll ll ll ll ll ll ll ll ll lPla in ti

ff - App el le e

v. Gab rie l M an gu m ll ll ll ll ll ll ll ll ll ll lDefe nd

an t - Ap pe ll an t

__ __ __ __ __ __ App eal fro m

Uni te d S ta te s Di st ric t Co ur t fo r th e Nor th ern Dis tri ctof I owa - Ced ar Rapi ds

__ __ __ __ __ __ Subm it te d: Sep te m

be r 4, 2 01 8 Fi le d: Sep te m

be r 10 , 20 18 [Unpubl is he d]

__ __ __ __ __ __ Befo re BENTON, SHEPHERD, andSTRAS, Ci rcu itJu dg es .

__ __ __ __ __ __ PER CURI AM.
Gab rie l Man gu m ap pe al s th e Gui de li ne s- r a n g e se nt en ce th e di st ric t co ur t 1 im po se d a fte r he pl edgu il ty to an es cap e ch arg e. Man gu m ’s cou ns el ha s m ov edto
The Hon or ab le Lin da R. Rea de , Uni te d St at es Dis tri ct Ju dg e fo r th e Nor th ern 1 Dis tri ctof I owa .wit hd raw an d su bm it te d a br ie f un de r Ander s v. C a l i f o r n i a , 38 6 U.S. 73 8 (1 96 7) , arg ui ng th at th e se nt en ce was su bs ta nt iv el y un reas on ab le

. Hav in g juri sd ic ti on un de r 28 U.S.C. § 1 29 1, t hi s co ur t af fir m s. Afte r care fu l rev ie w o f th e reco rd , t hi s co urt co nc lu de s th at th e di st ric t co ur t di d no t im

po se an un reas on ab le se nt en ce, as th ere was no in di cat i o n th at it ov erl oo ke d a rel ev an t 18 U.S.C. § 35 53 (a) fac t o r , or co m m it te d a cl ear erro r of jud gm en t in weig hi ng rel ev an t fact or s. Se e Uni te d Sta te s v. Da vi d , 6 82 F.3 d 10 74 , 10 77 (8 th Ci r. 20 12 ) (s ta nd ard of rev ie w); Uni te d St at es v. W oh lma n , 65 1 F.3 d 87 8, 88 7 ( 8 t h C i r. 20 11 ). The se nt en ce was wit hi n th e Gui de li ne s ran ge . Se e Uni te d St at es v. Ca ll aw ay , 76 2 F.3 d 75 4, 76 0 (8 th Ci r. 20 14 ). Thi s co ur t ha s in de pe nd en tl y rev ie wed th e reco rd pu rs ua nt to Pen so n v. Ohi o , 48 8 U.S. 75 (1 98 8) , an d f i n d s no no nf riv ol ou s i ss ue s fo r ap pe al

. The jud gm en t i s af

fir m ed . Cou ns el ’s m ot io n t o wi th dr aw is gra nt ed

.

__ __ __ __ __ __ __ __ __ __ __ __ __ __ __

-2

-
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2530 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2530

    To amend the Federal Land Policy and Management Act of 1976 to 
authorize appropriations for programs, functions, and activities of the 
Bureau of Land Management, Department of the Interior, for fiscal year 
                     1994, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 24, 1993

  Mr. Vento introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
    To amend the Federal Land Policy and Management Act of 1976 to 
authorize appropriations for programs, functions, and activities of the 
Bureau of Land Management, Department of the Interior, for fiscal year 
                     1994, 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 AND STATUTORY REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Fiscal Year 1994 
BLM Authorization Act''.
    (b) Statutory Reference.--As used in this Act, the term ``the Act'' 
means the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.).

SEC. 2. AUTHORIZATION AND FUTURE REAUTHORIZATIONS.

    (a) Authorization.--Section 318(a) of the Act (43 U.S.C. 1748(a)) 
is amended by striking out ``October 1, 1978'' and by inserting in lieu 
thereof ``October 1, 1994''.
    (b) Future Reauthorizations.--Section 318(b) of the Act is amended 
by striking ``May 15, 1977, and not later than May 15 of each second 
even numbered year thereafter'' and by inserting in lieu thereof 
``January 1, 1994, and January 1 of each second odd-numbered year 
thereafter''.

                                 <all>
```
Presidential Documents

Federal Register / Vol. 66, No. 36 / Thursday, February 22, 2001 / Presidential Documents 11228

Executive Order 13204 of February 17, 2001

Revocation of Executive Order on Nondisplacement of

Qualified Workers Under Certain Contracts

By the authority vested in me as President by the Constitution and the

laws of the United States of America, it is hereby ordered that:

Section 1. Executive Order 12933 of October 20, 1994, which requires,

with respect to contracts for public buildings, that successive contractors

offer a right of first refusal of employment to employees of the prior contractor, is revoked.

Sec. 2. The Secretary of Labor (Secretary), the Federal Acquisition Regulatory

Council, and heads of executive agencies shall promptly move to rescind

any orders, rules, regulations, guidelines, or policies implementing or enforcing Executive Order 12933 of October 20, 1994, to the extent consistent

with law.

Sec. 3. The Secretary shall terminate, effective today, any investigations

or other compliance actions based on Executive Order 12933 of October

20, 1994.

[FR Doc. 01–4624

Filed 02–21–01; 11:17 am]

THE WHITE HOUSE,

February 17, 2001.

W

Billing code 3195–01–P
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-2042
GARY D. BEAN, Plaintiff - Appellant, versus UNITED PARCEL SERVICE, INCORPORATED, Defendant - Appellee. Appeal from the United States District Court for the District ofMaryland, at Greenbelt. Deborah K. Chasanow, District Judge. (CA04-2213-DKC) Submitted: May 9, 2006 Decided: June 14, 2006 Before WILKINS, Chief Judge, and KING and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. David A. Branch, Washington, D.C., for Appellant. Emmett F. McGee, Jr., Paul A. Mallos, DLA PIPER RUDNICK GRAY CARY US, L.L.P., Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Gary D. Bean appeals a district court order granting summary judgment against him in his employment discrimination action against United Parcel Service, Incorporated. Finding no error, we affirm. 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
**Exhibit 32.1**

CERTIFICATIONS

Pursuant to 18 U.S.C. § 1350, I, Bernard J. Jacob, Chief Executive Officer of Pruco Life Insurance Company of New Jersey (the “Company”), hereby certify that the Company’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2005, containing the unaudited financial statements of Pruco Life of New Jersey Variable Contract Real Property Account (a separate account of Pruco Life Insurance Company of New Jersey) and The Prudential Variable Contract Real Property Partnership (the “Report”), fully complies with the requirements of Section 13 (a) or 15 (d) of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financialcondition and results of operations of Pruco Life of New Jersey Variable Contract Real Property Account and The Prudential Variable Contract Real Property Partnership.

|   | Date:  November 14, 2005        |
|--------|---------------------------------|
|   |                            |
|   |                            |
|   |                            |
|   | /s/  Bernard J. Jacob           |
|        |                                 |
|   | Name:  Bernard J. Jacob         |
|   | Title:  Chief Executive Officer |

The foregoing certification is being furnished solely pursuant to 18 U.S.C. § 1350 and is not being filed as part of the Report or as a separate disclosure document.

 

----
V

103D CONGRESS

1ST SESSION H. R. 2194

For the relief of Merrill Lannen.

IN THE HOUSE OF REPRESENTATIVES

MAY 19, 1993

Mr. BROWDER introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

For the relief of Merrill Lannen.

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

3 SECTION 1. RELOCATION EXPENSES FOR MERRILL

4 LANNEN.

5 Merrill Lannen of Tampa, Florida, shall be deemed

6 to be an employee whose transfer in March 1985 from

7 the United States Postal Service to the United States

8 Army Corps of Engineers entitled him to travel, transpor9 tation, and relocation expenses authorized, at the time of

10 the transfer, under subchapter II of chapter 57 of title

11 5, United States Code, for other transferred employees

12 within the meaning of chapter 57 of such title.
2

•HR 2194 IH

Æ
#### IN RE JAIDEN S.

*Rosemarie T. Weber,*in support of the petition.

*Amor C. Rosario,*assistant attorney general, in opposition.

Decided July 8, 2010

The petition by the respondent father for certification for appeal from the Appellate Court, 120 Conn. App. 795 (AC 30703), is denied.

McLACHLAN, J., did not participate in the consideration of or decision on this petition.
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2408 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2408

 To amend the Internal Revenue Code of 1986 to repeal the increases in 
 the wine tax enacted as part of the Omnibus Budget Reconciliation Act 
                                of 1990.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 14, 1993

  Mr. Pombo introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
 To amend the Internal Revenue Code of 1986 to repeal the increases in 
 the wine tax enacted as part of the Omnibus Budget Reconciliation Act 
                                of 1990.

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

SECTION 1. REPEAL OF 1990 TAX INCREASES ON WINE.

    (a) In General.--
            (1) Wines containing not more than 14 percent alcohol.--
        Paragraph (1) of section 5041(b) of the Internal Revenue Code 
        of 1986 (relating to rates of tax on wines) is amended by 
        striking ``$1.07'' and inserting ``17 cents''.
            (2) Wines containing more than 14 (but not more than 21) 
        percent alcohol.--Paragraph (2) of section 5041(b) of such Code 
        is amended by striking ``$1.57'' and inserting ``67 cents''.
            (3) Wines containing more than 21 (but not more than 24) 
        percent alcohol.--Paragraph (3) of section 5041(b) of such Code 
        is amended by striking ``$3.15'' and inserting ``$2.25''.
            (4) Artificially carbonated wines.--Paragraph (5) of 
        section 5041(b) of such Code is amended by striking ``$3.30'' 
        and inserting ``$2.40''.
    (b) Repeal of Credit for Small Domestic Producers.--Section 5041 of 
such Code is amended by striking subsection (c) and by redesignating 
subsections (d), (e), and (f) as subsections (c), (d), and (e), 
respectively.
    (c) Effective Date.--The amendments made by this section shall 
apply to wine produced or imported after the date of the enactment of 
this Act.

                                 <all>
```
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.                  

###### Agency for International Development

      ( print page 11250)    
Pursuant to the Agricultural Trade Development and Assistance Act of 1954 (Pub. L. 480, as amended), notice is hereby given that the Draft Guidelines for Title II Development Activity Programs are being made available to interested parties for the required thirty (30) day comment period.

Individuals who wish to receive a copy of these draft guidelines should contact: Office of Food for Peace, Agency for International Development, RRB 7.06-120, 1300 Pennsylvania Avenue, Washington, DC 20523-0809. Individuals who have questions or comments on the draft guidelines should contact Richard Newberg at the above address or at (202) 712-1828.

                    The thirty-day comment period will begin on the date that this announcement is published in the                     **Federal Register**                    .                

Dated: February 8, 2001.

William T. Oliver,

Director, Office of Food for Peace, Bureau for Humanitarian  Response.

[FR Doc. 01-4513  Filed 2-22-01; 8:45 am]

BILLING CODE 6116-01-M
I

103D CONGRESS

1ST SESSION H. R. 2482

To amend title 10, United States Code, to limit the transfer of Department

of Defense funds to other departments and agencies of the United States.

IN THE HOUSE OF REPRESENTATIVES

JUNE 22, 1993

Mrs. FOWLER (for herself, Mr. SOLOMON, Mr. CANADY, Mr. WELDON, Mr.

SCHAEFER, Mr. HANCOCK, Mr. CUNNINGHAM, Mr. BARTLETT of Maryland, Mr. KYL, Mr. GINGRICH, Mr. SAXTON, Mr. BAKER of Louisiana,

Mr. SPENCE, Mr. DORNAN, Mr. STUMP, Mr. CALLAHAN, Mr. BATEMAN,

Mr. HEFLEY, Mr. INHOFE, Mr. BUNNING, Mr. TALENT, Mr. MCHUGH,

Mr. TORKILDSEN, Mr. RAVENEL, Mr. HUNTER, Mr. KASICH, Mr.

MACHTLEY, Mr. HANSEN, Mr. BUYER, and Mr. EVERETT) introduced the

following bill; which was referred to the Committee on Armed Services

A BILL

To amend title 10, United States Code, to limit the transfer

of Department of Defense funds to other departments

and agencies of the United States.

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

•HR 2482 IH

1 SECTION 1. LIMITATION ON TRANSFER OF DEPARTMENT

2 OF DEFENSE FUNDS TO OTHER DEPART3 MENTS AND AGENCIES.

4 (a) IN GENERAL.—(1) Chapter 131 of title 10, Unit5 ed States Code, is amended by adding at the end the fol6 lowing new section:

7 ‘‘§ 2219. Transfer of Department of Defense funds to

8 other departments and agencies: limita9 tion

10 ‘‘(a) NATIONAL SECURITY REQUIREMENT.—Funds

11 appropriated or otherwise made available for military

12 functions of the Department of Defense may not be made

13 available to any other department or agency of the Federal

14 Government pursuant to a provision of law enacted after

15 the date of the enactment of this section (notwithstanding

16 the provisions of such law) unless, not less than 30 days

17 before such funds are made available to such other depart18 ment or agency, the Secretary of Defense submits to Con19 gress a certification that making those funds available to

20 such other department or agency is in the national secu21 rity interest of the United States.

22 ‘‘(b) WAIVER AUTHORITY DURING NATIONAL EMER23 GENCIES.—The Secretary of Defense may waive sub24 section (a) during a period of national emergency declared

25 by the President or by Congress. The waiver may not take
3

•HR 2482 IH

1 effect until notice of the waiver is submitted by the Sec2 retary of Defense to Congress.’’.

3 (2) The table of sections at the beginning of such

4 chapter is amended by adding at the end the following

5 new item:

‘‘2219. Transfer of Department of Defense funds to other departments and

agencies: limitation.’’.

6 (b) CONFORMING AMENDMENT.—Section 1604 of

7 Public Law 101–189 (31 U.S.C. 1598) is repealed.

Æ
<PAGE>

                                                                    EXHIBIT 23.2

                   CONSENT OF H.J. GRUY AND ASSOCIATES, INC.


  We hereby consent to the use of the name H.J. Gruy and Associates, Inc. and of
references to H.J. Gruy And Associates, Inc. and to the inclusion of and
references to our report dated February 16, 2000, prepared for Torch Energy
Advisors Incorporated in the Torch Energy Royalty Trust Annual report on
Form 10-K for the year ended December 31, 1999.

                                       H.J. GRUY AND ASSOCIATES, INC.



                                       By:  /s/ H.J. Gruy and Associates, Inc.
                                            ----------------------------------


Houston, Texas
March 28, 2000