alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court of Appeals **for the Fifth Circuit**

____________ No. 23-11150 Summary Calendar

____________ United States of America, Plaintiff—Appellee , versus Tyreque Wilson, Defendant—Appellant . ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:23-CR-173-1

______________________________ Before Smith, Higginson, and Engelhardt, Circuit Judges . Per Curiam: * The attorney appointed to repres ent Tyreque Wilson has moved for leave to withdraw and has file d a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Wilson has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflecte d therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. United States Court of Appeals Fifth Circuit 

### FILED June 3, 2024 Lyle W. Cayce Clerk Case: 23-11150 Document: 42-1 Page: 1 Date Filed: 06/03/2024No. 23-11150

2 review. Accordingly, counsel’s motion for leave to withdraw is GRANTED , counsel is excused from further responsibilities herein, and the appeal is DISMISSED . See 5th Cir. R. 42.2. Case: 23-11150 Document: 42-1 Page: 2 Date Filed: 06/03/2024
§ 103.15 Are there any prohibited loan terms? A loan agreement guaranteed or insured under the Program may not contain: ( a ) Charges by the lender styled as “points,” loan origination fees, or any similar fees (however named), except that if authorized in the loan agreement, the lender may charge the borrower a reasonable annual loan servicing fee that: ( 1 ) Is not included as part of the loan principal; and
( 2 ) Does not bear interest;
( b ) Charges of any kind by the lender or by any third party except for the reasonable and customary cost of legal and architectural services, broker commissions, surveys, compliance inspections, title inspection and/or insurance, lien searches, appraisals, recording costs, premiums for required hazard, liability, key man life, and other kinds of insurance, and such other charges as BIA may approve in writing;
( c ) A loan repayment term of over 30 years;
( d ) Payments scheduled less frequently than annually;
( e ) A prepayment penalty, unless the terms of the penalty are clearly specified in BIA's loan guaranty or loan insurance conditions;
( f ) An interest rate greater than what BIA considers reasonable, taking into account the range of rates prevailing in the private market for similar loans;
( g ) A variable interest rate, unless the rate is tied to a specific prime rate published from time to time by a nationally recognized financial institution or news source;
( h ) An increased rate of interest based on default;
( i ) A fee imposed for the late repayment of any installment due, except for a late fee that: ( 1 ) Is imposed only after the borrower is at least 30 days late with payment;
( 2 ) Does not bear interest; and
( 3 ) Equals no more than 5 percent of the late installment;
( j ) An “insecurity” clause, or any similar provision permitting the lender to declare a loan default solely on the basis of its subjective view of the borrower's changed repayment prospects;
( k ) A requirement that the borrower take title to any real or personal property purchased with loan proceeds by a title instrument containing restrictions on alienation, control or use of the property, unless otherwise required by applicable law; or
( l ) A requirement that a borrower which is a tribe provide as security a general assignment of the tribe's trust income. If otherwise lawful, a tribe may provide as loan security an assignment of trust income from a specific source.
#### § 122.10 Appeal.

The procedure for appealing any decision regarding the awarding of funds under this part shall be made in accordance with 25 CFR part 2, Appeals from Administrative Action.
EXHIBIT 32


CERTIFICATION PURSUANT TO SECTION 906

Pursuant to 18 U.S.C. Section 1350 as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, I, the
undersigned officer of Yellowwood Acquisition Corporation
 (the "Company"), hereby certify to my knowledge that:

The Report on Form 10-K for the year ended December 31,
2011 of the Company fully complies, in all material respects,
with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934, and the information contained in the
Report fairly represents, in all material respects, the
financial condition and results of operations of the Company.

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


                             /s/ James Cassidy
                                 Chief Executive Officer
                                 Chief Financial Officer
Date: March 28, 2012
##### 



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 Cosine Communications, Inc.
(the Company) on Form 10-Q for the quarterly period ended September 30, 2004
as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Stephen Goggiano, Director, President and Chief 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, to my
knowledge:  (1)
    
    The Report fully complies with the requirements of section 13(a) 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/ Stephen GoggianoStephen GoggianoDirector, President and Chief Executive OfficerNovember 15, 2004
# CHKISTmA n SINC E 189 4 

### ^"•.RTWENFO F ' • •3!^CRi7JIO N

February9 , 201 2 Docke t Managemen t Facility U.S
. Departmen t o fTransportation , 120 0 Ne wJerse yAvenu e SE. , Wes t Buildin g Groun d Floor , Roo m W12-140 , Washington , D C 20590
. Re : Su n Countr ySlo t Exemptio n - Docke t Numbe rFAA-2012-008 9 Ladie s an d Gentlemen : Su n Countr yAirline s ha s requeste d a n exemptio n fro m th e slo t limi t fo rRonal d Reaga n Washingto n Nationa l Airpor t (DCA ) se t fort h i n § 93.123(a) , t o permi t th e FA At o creat e ai rcarrie rslot s durin g certai n limite d hour s fo rSu n Country' s use . Th e propose d ai rcarrie rslot s woul d replac e tw o slo t exemption s unde rDO TOrde r2010-12-1 6 awarde d t o Su n Country
. O n Januar y6 , 2012 , th e Unite d State s Cour t o fAppeal s fo rth e Distric t o fColumbi a Circui t vacate d th e DO TOrder , an d Su n Countr y wil l los e it s existin g servic e betwee n DC Aan d Lansing' s Capita l Regio n Internationa l Airpor t Specifically , Su n Countr ydesire s on e dail yslo t durin g eac h o fth e 100 0 an d 110 0 hours
. Th e propose d exemptio n woul d permi t Su n Countr yt o continu e operatin g it s existin g service s an d avoi d a n inequitabl e resul t o fth e Court' s order
. Th e Su n Countr yDC Aservic e i s essentia l t o th e economi cgrowt h o fth e Greate rLansin g Region
. Th e dail yservic e i s th e onl ylarg e aircraf t (737-800 ) servic e t o Washingto n Reaga n Airport , i n th e stat e o f Michiga n outsid e o fDetroi t Prio rt o Su n Country , th e regiona l communit yha d requeste d th e introductio n o fthi s servic e fro m numerou s othe rairlin e operator s withou t success . Accordingly , i t i s critica l tha t th e FA Atak e th e necessar ystep s t o ensur e th e continuatio n o fth e Su n Countr yslot s a t th e establishe d fligh t time s i n suppor t o fGreate rLansing' s busines s an d economi cgrowth
. You rimmediat e approva l o fthi s exemption , s o tha t Su n Countr yca n begi n t o ente rflight s schedule s fo r sal e fo rth e balanc e o f2012 , wil l b e greatl yappreciated
. Sincerely , T h e ChKstrna n Compan y

Anm<Jh yPec

^ Vic e Presiden t

Th e Chnstma n Compan yTh e Chnslrna n Buildin g 20 8 N
. Capito l Avenu e Lansing , Michiga n 48933- 1 35 7
Department of Conservation and Natural Resources

OFFICE OF THE DIRECTOR

May 30, 2007

Wayne Nastri

Regional Administrator

ORA-1,USEPARegion9

75 Hawthorne Street

San Francisco CA 94105

Dear Mr. Nastri:

Resources

Nevada Revised Statutes 445B.205 designates the Department ofConservation and Natural

purposes

(Department) as the air pollution control agency for the State ofNevada for the of the Clean Air Act insofar as it pertains to State programs.. Within the Department, the Division ofEnvironmental Protection has responsibility to manage the air quality planning

Administrative

and air pollution control programs for the State ofNevada. Therefore, pursuant to Nevada

ofEnvironmental

Code 445B.053, I am hereby assigning the Administrator ofthe Nevada Division

designee

Protection, or the Deputy Administrator acting on his behalf, to be my official

and

for the purposes ofthe Clean Air Act, including, but not limited to, adoption, revision submittal ofstate plans and state implementation plans.

Sincerely,

-- Allen Biaggi

Director

cc Michael Dayton, Chief of Staff, Office ofthe Governor Jodi Stephens, Deputy Chief of Staff, Office of the Governor Leo Drozdoff, Administrator, NDEP

Colleen Cripps, Deputy Administrator, NDEP Tom Porta, Deputy Administrator, NDEP

Deborah Jordan, Director, EPA Air Division, Region IX /Jefferson Wehling, ORC, EPA Region IX

(NSPO Rev. I-fl?)
**Exhibit
      32.2**





**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 Hometown Auto Retailers, Inc. (the
      "Company") on Form 10-Q for the period ending March 31, 2006 as filed with
      the
      Securities and Exchange Commission on the date hereof (the "Report"), I, Charles
      F. Schwartz, Chief Financial Officer of the Company, certify, pursuant to 18
      U.S.C. § 1350, as adopted pursuant to § 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 result of operations of the Company.







/s/
      Charles F. Schwartz


Charles
      F. Schwartz


Chief
      Financial Officer


May
      12,
      2006
## PART I—ORGANIZATION

Chap.
Sec.
701.
Definitions
7001
703.
Department of the Army
7011
705.
The Army Staff
7031
707.
The Army
7061

#### **Editorial Notes**

#### Amendments

**2018**—Pub. L. 115–232, div. A, title VIII, §808(f)(2), Aug. 13, 2018, 132 Stat. 1839, redesignated items for chapters 301 to 307 as 701 to 707 and redesignated section numbers 3001 to 3061 as 7001 to 7061.

**1987**—Pub. L. 100–26, §7(j)(10)(A), Apr. 21, 1987, 101 Stat. 283, substituted "3011" for "3010" as section number in item for chapter 303.

**1980**—Pub. L. 96–513, title V, §512(1), Dec. 12, 1980, 94 Stat. 2929, substituted "3010" for "3011" as section number in item for chapter 303.
#### J. Rupert MASON, Appellant, v. SUMMER LAKE IRRIGATION DISTRICT and Pueblo Trading Co., Appellees.

No. 13776.

United States Court of Appeals Ninth Circuit.

Nov. 10, 1954.

J. Rupert Mason, in pro. per.

Griffith, Phillips & Coughlin, James K. Buell, Portland, Or., Theodore R. Cohn, Lakeview, Or., George H. Fraser, Cleveland C. Cory, Hugh L. Biggs, Hart, Spencer, McCulloch, Roekwood & Davies, Portland, Or., for appellees.

Before HEALY, POPE and CHAMBERS, Circuit Judges.

PER CURIAM.

The appellant appeals from a decree of the District Court which was entered January 23, 1953, and urges as grounds therefor points and contentions which were heard and disposed of in West Coast Life Ins. Co. v. Merced Irr. Dist., 9 Cir., 114 F.2d 654; Thomas v. El Dorado Irr. Dist., 9 Cir., 126 F.2d 922; Mason v. El Dorado Irr. Dist., 9 Cir., 144 F.2d 189; Mason v. Banta Carbona Irr. Dist., 9 Cir., 149 F.2d 49; United States v. Bekins, 304 U.S. 27, 58 S.Ct. 811, 82 L.Ed. 1137; and Mason v. Paradise Irr. Dist., 326 U.S. 536, 66 S.Ct. 290, 90 L.Ed. 287. No new points or contentions are present here. The same appellant was the Mason named in three of the cases cited.

Upon the authority of these cases, the decision and judgment of the District Court is affirmed.

Indeed, the appeal is so unsubstantial and frivolous as to suggest that it was taken merely for delay. The court has seriously considered awarding damages against the appellant for the delay, as provided in Title 28 U.S.C.A. § 1912. Cf. Slaker v. O’Connor, 278 U.S. 188, 191, *61049 S.Ct. 158, 73 L.Ed. 258; In re Midland United Co., 3 Cir., 141 F.2d 692; Massachusetts Bonding & Insurance Co. v. Feutz, 8 Cir., 182 F.2d 752; Fern Gold Mining Co. v. Murphy, 9 Cir., 7 F.2d 613. Here the persons entitled thereto have been deprived of the $54,000 paid into court for approximately a year and a half. They have lost the use of that sum and their damages are substantial. Yet because the court has heretofore failed to apply § 1912 in many cases where it might have been invoked, we have decided to hold our hand here, letting this reference to the statute serve as notice of the possibility that it may be applied in the future.
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 Superior Financial Corp. (the Company) on Form 10-Q
for the period ending June 30, 2002 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Rick D. Gardner, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as
adopted pursuant to § 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. |  | Information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.
| | -- |  | -----------------------------------------------------------------------------------------------------------------------------------------------




/S/    RICK D. GARDNERRick D. Gardner Chief Financial Officer





August 7, 2002




1
Before the United States Department of Transportation

Washington, DC

May 13, 2011

Essential Air Service at:

DODGE CITY, KANSAS DOCKET OST-1998-3502

GARDEN CITY, KANSAS DOCKET OST-1998-3503

GREAT BEND, KANSAS DOCKET OST-1998-3496

HAYS, KANSAS DOCKET OST-1998-3497

LIBERAL, KANSAS DOCKET OST-1998-3498

under 49 U.S.C. 41731 et.seq.

This document contains the response of Great Lakes Aviation, Ltd. to Order Requesting

Proposals 2011-4-4

All proposals contemplate the use of 19 seat Beechcraft 1900D airliner equipment.

Questions and comments may be referred to:

Michael O. Matthews

Vice President & Chief Financial Officer

Great Lakes Aviation, Ltd.

1022 Airport Parkway

Cheyenne, WY 82001

(307) 432-7000

Great Lakes Aviation, Ltd. is pleased to submit this proposal to provide essential air 

transportation to the five Kansas communities addressed in the Order as an inseperable 

package. 

Per the instructions in the Order, this proposal represents Great Lakes' final and only 

proposal. Currently published service patterns and scheduled times, which are specifically 

designed to connect with our code-share partners Frontier Airlines and United Airlines, 

may be used as a sample of the anticipated service patterns. In addition, Great Lakes 

maintains interline e-ticket and baggage agreements with the majority of the other carriers 

serving Denver, which allows for maximum utility of our air service to the airline customers 

flying to and from these Kansas communities.
Revenue per Community

Departures Passengers Average 

Service Point Hub Served Round Trips at Forecast Fare 

 98.0% Completion

Great Bend Denver 2 one-stops to DEN 1227 2,200 $114.05 Hays Denver 4 non-stops to DEN 2454 20,000 $109.97 Liberal Denver 3 non-stops or 2 non-stops and 1 one-stop 1840 9,000 $114.10 

to DEN at Great Lakes' discretion

Garden City Denver 5 non-stops to DEN 3067 22,000 $109.17 Dodge City Denver 2 non-stops and 2454 8,000 $112.72 

2 one-stops to DEN

Totals 11,042 61,200 

Subsidy Requirement 

Subsidy per passenger 
Great Lakes Aviation, Ltd.

Annual Compensation Requirements for Essential Air Service at

Western Kansas to Denver

98.0% completion factor

Total Departures: 11,042

Operating Revenues:

Passenger: All Kansas EAS Points $6,780,710

Other: (at 0.62% of passenger revenue) $42,040

Total Operating Revenues: $6,822,750

Operating Expenses:

Direct: Aircraft and Hull Insurance $1,354,840

Fuel and Oil $7,019,600

Flying Operations $2,030,110

Maintenance $3,191,523

Total Direct Expenses: $13,596,074

Total Indirect Expenses: $3,377,734

Total Operating Expenses: $16,973,808

Operating Loss ($10,151,058)

Profit Element (5.0% of Total Operating Expenses) $848,690

Annual Compensation Requirement: $10,999,748

Subsidy per Departure $996.17

Current schedules published should be used as sample service levels
STEAM ELECTRIC CBI REPLACEMENT PAGE

EPA-HQ-OW-2009-0819

DCN: SE03582

THE FOLLOWING HAS BEEN REMOVED BECAUSE IT CONTAINS CONFIDENTIAL BUSINESS INFORMATION (CBI) PER 40 CFR PART 2, SUBPART B.
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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 General Metals Corporation (the “Company”) on Form 10-Q for the period ended October 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Daniel J. ForbushPresident and Chief Executive Officer, certify to my knowledge and in my capacity as an officer of the Company, 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, 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 as of the dates and for the periods expressed in the Report.






Date: December 20, 2010
By:
/s/ Daniel J. ForbushDaniel J. ForbushPresident and Chief Executive Officer(Principal Executive Officer)
  The foregoing certification is provided solely for purposes of complying with the provisions of Section 906 of the Sarbanes-Oxley Act of 2002.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 12 Agreed to House (ATH)]

106th CONGRESS
  1st Session
H. RES. 12

       Authorizing the Speaker to administer the oath of office.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 1999

 Mr. Menendez submitted the following resolution; which was considered 
                             and agreed to

_______________________________________________________________________

                               RESOLUTION

 
       Authorizing the Speaker to administer the oath of office.

Whereas, George Miller, a Representative-elect from the Seventh District of the 
        State of California, has been unable from illness to appear in person to 
        be sworn as a Member of the House, and there being no contest or 
        question as to his election: Now, therefore, be it
    Resolved, That the Speaker, or deputy named by him, is hereby 
authorized to administer the oath of office to the Honorable George 
Miller at Martinez, California, and that such oath be accepted and 
received by the House as the oath of office of the Honorable George 
Miller.
                                 <all>
```
### **CHAPTER 823—SPECIAL ASSIGNMENTS AND DETAILS**

Sec.
8183.
State Department: assignment of enlisted members as custodians of buildings in foreign countries.
8185.
Nautical Schools: detail of naval officers as superintendents or instructors.
8186.
Technical institutions: detail of naval officers to promote knowledge of naval engineering and naval architecture.

#### **Editorial Notes**

#### Amendments

**2018**—Pub. L. 115–232, div. A, title VIII, §807(e)(2)(A), (f)(1), Aug. 13, 2018, 132 Stat. 1837, 1838, redesignated chapter 553 of this title as this chapter and items 5983, 5985, and 5986 as 8183, 8185, and 8186, respectively.

**1980**—Pub. L. 96–513, title V, §503(42), Dec. 12, 1980, 94 Stat. 2914, struck out item 5982 "Ships and squadrons: detail of retired officers to command".

**1970**—Pub. L. 91–482, §2C, Oct. 21, 1970, 84 Stat. 1082, struck out item 5981 "Squadrons: detail of officers on active list to command".

**1968**—Pub. L. 90–235, §4(a)(4), (b)(3), Jan. 2, 1968, 81 Stat. 759, 760, struck out item 5984 "Military institutions and colleges: details as superintendents and instructors", and item 5987 "American National Red Cross: detail of officers in the Medical Corps".