alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Local Rule 47.5 provides: "The publication of opinions

that have no precedential value and merely decide particular

cases on the basis of well-settled principles of law imposes

needless expense on the public and burdens on the legal

profession." Pursuant to that Rule, the court has determined

that this opinion should not be published.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-40019 

Conference Calendar

__________________

UNITED STATES OF AMERICA,

 Plaintiff-Appellee,

versus

MOSES SMITH, JR.,

 Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 6:94-CV-204

- - - - - - - - - -

August 24, 1995

Before KING, JOLLY, and WIENER, Circuit Judges.

PER CURIAM:*

Moses Smith, Jr., contends that the district court erred in

denying his § 2255 motion without considering his objections to

the magistrate judge's report and recommendations and without

conducting a de novo review.

The district court issued an order denying Smith's § 2255

motion, stating that "proposed findings and recommendations will
No. 95-40019

-2-

be considered since no objections have been received." Smith had

filed a pleading entitled "Pro Se Facts to Vacate or Correct

Sentence Which Creates Manifest Injustice" prior to the district

court's denial of his motion. However, Smith's pleading did not

refer to the magistrate judge's report and recommendation. Thus,

the district court did not err in stating that no objections had

been filed and in denying Smith's motion without conducting a de

novo review of Smith's pleading. 

In his § 2255 motion, Smith contended that his prior

convictions should not have been used to enhance his sentence

under the U.S. Sentencing Guidelines because: (1) they were over

fifteen years old; and (2) they were related due to consolidation

for sentencing. Smith challenged the enhancement of his sentence

on direct appeal. This court held "the record contains evidence

of three other felony convictions, fully supporting the Armed

Career Criminal enhancement imposed by the district court." 

"[I]ssues raised and disposed of in a previous appeal from an

original judgment of conviction are not considered in § 2255

motion." United States v. Kalish, 780 F.2d 506, 508 (5th Cir.),

cert. denied, 476 U.S. 1118 (1986).

To the extent that Smith is raising different challenges to

the enhancement of his sentence, his claims are nonconstitutional

issues that could have been raised on direct appeal. Such claims

are not cognizable under 28 U.S.C. § 2255. United States v.

Capua, 656 F.2d 1033, 1037 (5th Cir. 1981).
No. 95-40019

-3-

This appeal presents no issue of arguable merit and is thus

frivolous. Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). 

The appeal is DISMISSED. See 5th Cir. R. 42.2.
EXHIBIT 31.2
 CERTIFICATION
   2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material fact
or omit to state a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading with respect to the period
covered by this report;
 3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this report, fairly present in all material respects the financial condition, results of
operations and cash flows of the registrant as of, and for, the periods presented in this
report;
 4.
    
    The registrants other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules
13a-15(f) and 15d-15(f)) for the registrant and have:
     5.
    
    The registrants other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the
audit committee of the registrants board of directors (or persons performing the equivalent
functions):
    /s/  Philip CookPhilip CookSenior Vice President  Chief Financial Officer
**Exhibit 32.2**

 

**CERTIFICATION**

 

In connection with the Quarterly Report of Graham Packaging Holdings Company on Form 10-Q for the period ended September 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, John E. Hamilton, 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 results of operations of Graham Packaging Holdings Company. |
|--------|----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

Date:  November 14, 2005

 

 

| By:    | /s/ John E. Hamilton    |
|--------|-------------------------|
|   | John E. Hamilton        |
|   | Chief Financial Officer |

 

 

 

1
[Federal Register Volume 76, Number 36 (Wednesday, February 23, 2011)]
[Notices]
[Page 10038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4014]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Neurological Disorders and Stroke; Notice 
of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable materials, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Neurological Disorders 
and Stroke Initial Review Group, Neurological Sciences and Disorders 
K.
    Date: March 10-11, 2011.
    Time: 8 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Melrose Hotel, 2430 Pennsylvania Avenue, NW., Washington, 
DC 20037.
    Contact Person: Shanta Rajaram, PhD, Scientific Review Officer, 
Scientific Review Branch, NINDS/NIH/DHHS, Neuroscience Center, 6001 
Executive Blvd., Suite 3208, MSC 9529, Bethesda, MD 20892. 301-435-
6033. <a href="/cdn-cgi/l/email-protection#aad8cbc0cbd8cbc7d9eac7cbc3c684c4c3c284cdc5dc"><span class="__cf_email__" data-cfemail="b4c6d5ded5c6d5d9c7f4d9d5ddd89adadddc9ad3dbc2">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.853, 
Clinical Research Related to Neurological Disorders; 93.854, 
Biological Basis Research in the Neurosciences, National Institutes 
of Health, HHS)

    Dated: February 16, 2011.
Anna P. Snouffer,
Deputy Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2011-4014 Filed 2-22-11; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
An official website of the United States government         Here's how you know         
**Official websites use .mil**
A **.mil** website belongs to an official U.S. Department of Defense organization in the United States.
**Secure .mil websites use HTTPS**
 A **lock (lock )** or **https://** means you’ve safely connected to the .mil website. Share sensitive information only on official, secure websites.

Skip to main content (Press Enter).

U.S. Indo-Pacific CommandUSINDOPACOM

U.S. Indo-Pacific Command

Search

Search
Search

-  Home		 
-  Leadership    -  Commander         
  -  Deputy Commander         
  -  Chief of Staff         
  -  Senior Enlisted Leader 
-  About USINDOPACOM    -  History         
  -  USPACOM Area of Responsibility         
  -  USPACOM Previous Commanders         
  -  Women, Peace and Security 
-  Organization    -  Organization Chart 
-  Media    -  News      -  Spotlight 
  -  Photos         
  -  Speeches / Testimony         
  -  Freedom of Information Act      -  FOIA - Reading Room         
    -  Submit FOIA Request         
    -  Request Status         
    -  FOIA FAQS 
-  Resources    -  Travel Requirements         
  -  Useful Theater Information         
  -  FAQ         
  -  Useful Links 
-  Newcomers		 
-  Contact    -  Directory         
  -  Media Inquiries         
  -  Industry Engagements 
-  JTF - Red Hill		 
-  JTF-Micronesia		 

Home : Media : News : News Article View

# Counselor Chollet’s Travel to Indonesia and Thailand 

**                    SHARE                

**                    PRINT                

More
###### Editorial Note on Part 224

#### Editorial Note:

Nomenclature changes to part 224 appear at 84 FR 69611, Dec. 18, 2019.

#### § 224.108 May Tribes offer a resolution of a petitioner's claim?

Yes. In responding to a petition filed under Tribal laws, regulations or procedures, a Tribe may, with the petitioner's written consent, resolve the petitioner's claims.
#### § 115.608 If you request a hearing to challenge BIA's decision to restrict your IIM account, when will BIA conduct the hearing?

BIA will conduct a hearing within ten (10) working days from its receipt of a written request from you or your guardian, as applicable, for a hearing to challenge the decision to restrict your IIM account.
### §8112. Marine Corps: grades above chief warrant officer, W–⁠5

The commissioned grades in the Marine Corps above the grade of chief warrant officer, W–⁠5, are:

(1) General.

(2) Lieutenant general.

(3) Major general.

(4) Brigadier general.

(5) Colonel.

(6) Lieutenant colonel.

(7) Major.

(8) Captain.

(9) First lieutenant.

(10) Second lieutenant.

(Aug. 10, 1956, ch. 1041, 70A Stat. 314, §5502; Pub. L. 102–190, div. A, title XI, §1131(8)(A), Dec. 5, 1991, 105 Stat. 1506; renumbered §8112, Pub. L. 115–232, div. A, title VIII, §807(b)(2), Aug. 13, 2018, 132 Stat. 1834.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 5502 | 34 U.S.C. 651. | R.S. 1603. |
| | 34 U.S.C. 629. | July 1, 1918, ch. 114, 40 Stat. 715 (1st par.). |
| | 34 U.S.C. 623b(a) (as applicable to grade of lieutenant general). | Aug. 7, 1947, ch. 512, §415(a) (as applicable to grade of lieutenant general), 61 Stat. 876. |
| | 34 U.S.C. 622 (as applicable to grade of general). | Jan. 20, 1942, ch. 10, §1, 56 Stat. 10; Aug. 7, 1947, ch. 512, §429 (as applicable to grade of general), 61 Stat. 880. |

R.S. 1603 provides that officers of the Marine Corps shall be on the same footing as officers of similar grades in the Army. Recognition is made of the grades existing in the Army for the purpose of listing the grades authorized for the Marine Corps.

The provisions of the Act of July 1, 1918, ch. 114, 40 Stat. 715 (1st par.), pertaining to the appointment of a major general in addition to the Major General Commandant and a temporary major general were superseded by the Act of May 29, 1934, ch. 367, §2, 48 Stat. 812, which in turn was repealed by §436(e) of the Officer Personnel Act of 1947, 61 Stat. 882.

#### **Editorial Notes**

#### Amendments

2018—Pub. L. 115–232 renumbered section 5502 of this title as this section.

1991—Pub. L. 102–190 substituted "W–⁠5" for "W–4" in section catchline and text.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

#### Effective Date of 1991 Amendment

Amendment by Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of this title.
**Final Listing of Questionnaire Files for Steam Electric Rulemaking Record**

**Plant ID** 

### 07382 **Removed from Public**  **(Non-CBI) Docket**  **1 Copyright** 

**Flag 2**  **File Name 3**  **Description** 

### 07382\07382_Completeness_Checklist.xls EPA Completeness Review Checklist 

### 07382\07382_Midwest Generation ICR Cover Letter_Certification Statement.pdf Cover letter 

### x 07382\07382_Part A.xls Plant submitted survey file 

### x 07382\07382_Part B.xls Plant submitted survey file 

### x 07382\07382_Part C.xls Plant submitted survey file 

### x 07382\07382_Part D.xls Plant submitted survey file 

### x 07382\07382_Part H.xls Plant submitted survey file 

### x 07382\7382_Checklist.xls EPA Technical Review Checklist Workbook 

### x 07382\Supporting Documentation\07382_MWG - Fisk - Aerial Plan - 100410.pdf Plant submitted supplemental files to the survey 

### x 07382\Supporting Documentation\07382_MWG-Fisk-Block Diagram#1 - WWT-1 - 101210.pdf Plant submitted supplemental files to the survey 

### x 07382\Supporting Documentation\07382_MWG-Fisk-Water Balance-101210.pdf Plant submitted supplemental files to the survey 

### x 07382\Supporting Documentation\Emails\1_13_11 Email communications regarding questions on the survey response 

### x 07382\Supporting Documentation\Emails\1_13_11\Questions about the steam electric

questionnaire-7382.rtf Email communications regarding questions on the survey response 

### x 07382\Supporting Documentation\Emails\2_11_11 Email communications regarding questions on the survey response 

### x 07382\Supporting Documentation\Emails\2_11_11\Follow up Questions to Fisk ICR-7382.doc Email communications regarding questions on the survey response 

### x 07382\Supporting Documentation\Emails\2_11_11\Part A.xls Email communications regarding questions on the survey response 

### x 07382\Supporting Documentation\Emails\2_11_11\Part C.xls Email communications regarding questions on the survey response 

### x 07382\Supporting Documentation\Emails\2_11_11\Response to questions about the steam

electric questionnaire for Fisk - #7382.rtf Email communications regarding questions on the survey response 

### x 07382\Supporting Documentation\Emails\2_11_11\steam electric questionnaire questions for

7382.rtf Email communications regarding questions on the survey response 1Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database . 2Copyright documents are available from the docket. 3No hardcopy log is included for this plant as no hardcopy materials were received.
# C_2014164EN.01002101.xml

| 29.5.2014 | EN | Official Journal of the European Union | C 164/21 |
| --- | --- | --- | --- |

29.5.2014

EN

Official Journal of the European Union

C 164/21

---

Notice of the impending expiry of certain anti-dumping measures

(2014/C 164/10)

1.   As provided for in Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 (1) on protection against dumped imports from countries not members of the European Community, the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.

1

2.   Procedure

Procedure

Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury.

Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.

3.   Time limit

Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), N-105 8/20, 1049 Brussels, Belgium (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.

2

4.   This notice is published in accordance with Article 11(2) of Regulation (EC) No 1225/2009.

| Product | Country(ies) of origin or exportation | Measures | Reference | Date of expiry (3) |
| --- | --- | --- | --- | --- |
| Ring binder mechanisms | The People’s Republic of China | Anti-dumping duty | Implementing Regulation of the Council (EU) No 157/2010 (OJ L 49, 26.2.2010, p. 1) extended to imports consigned from Vietnam by Council Regulation (EC) No 1208/2004 (OJ L 232, 1.7.2004, p. 1) and extended to imports consigned from the Lao People’s Democratic Republic by Council Regulation (EC) No 33/2006 (OJ L 7, 12.1.2006, p. 1). | 27.2.2015 |

Product

Country(ies) of origin or exportation

Measures

Reference

Date of expiry (3)

3

Ring binder mechanisms

The People’s Republic of China

Anti-dumping duty

Implementing Regulation of the Council (EU) No 157/2010 (OJ L 49, 26.2.2010, p. 1) extended to imports consigned from Vietnam by Council Regulation (EC) No 1208/2004 (OJ L 232, 1.7.2004, p. 1) and extended to imports consigned from the Lao People’s Democratic Republic by Council Regulation (EC) No 33/2006 (OJ L 7, 12.1.2006, p. 1).

27.2.2015

---

(1)  OJ L 343, 22.12.2009, p. 51.

1

(2)  Fax +32 22956505.

2

(3)  The measure expires at midnight of the day mentioned in this column.

3

---
§ 211.51 Surrender of leases. A lessee may, with the approval of the Secretary, surrender a lease or any part of it, on the following conditions: ( a ) All royalties and rentals due on the date the request for surrender is received must be paid;
( b ) The superintendent, after consultation with the authorized officer, must be satisfied that proper provisions have been made for the conservation and protection of the property, and that all operations on the portion of the lease surrendered have been properly reclaimed, abandoned, or conditioned, as required;
( c ) If a lease has been recorded, the lessee must submit a release along with the recording information of the original lease so that, after acceptance of the release, it may be recorded;
( d ) If a lessee requests to surrender an entire lease or an entire undivided portion of a lease document, the lessee must deliver to the superintendent or area director the original lease documents; *Provided,* that where the request is made by an assignee to whom no copy of the lease was delivered, the assignee must deliver to the superintendent or area director only its copy of the assignment;
( e ) If the lease (or a portion thereof being surrendered) is owned in undivided interests, all lessees owning undivided interests in the lease must join in the request for surrender;
( f ) No part of any advance rental shall be refunded to the lessee, nor shall any subsequent surrender or termination of a lease relieve the lessee of the obligation to pay advance rental if advance rental became due prior to the date the request for surrender was received by the superintendent or area director;
( g ) If oil, gas, or geothermal resources are being drained from the leased premises by a well or wells located on lands not included in the lease, the Secretary reserves the right, prior to acceptance of the surrender, to impose reasonable and equitable terms and conditions to protect the interests of the Indian mineral owners of the lands surrendered. Such terms and conditions may include payment of compensatory royalty for any drainage; and
( h ) Upon expiration or surrender of a solid mineral lease the lessee shall deliver the leased premises in a condition conforming to the approved reclamation plan. Unless otherwise provided in the lease, the machinery necessary to operate the mine is the property of the lessee. However, the machinery may not be removed from the leased premises without the written permission of the Secretary.
H. Res. 293

In the House of Representatives, U.S.,

September 22, 1999.

Whereas there are 105 historically black colleges and universities in the United States;

Whereas black colleges and universities provide the quality

education so essential to full participation in a complex,

highly technological society;

Whereas black colleges and universities have a rich heritage

and have played a prominent role in American history;

Whereas black colleges and universities have allowed many

underprivileged students to attain their full potential

through higher education;

Whereas the achievements and goals of historically black colleges and universities are deserving of national recognition; and

Whereas Senate Resolution 178 would designate the week beginning September 19, 1999, as ‘‘National Historically

Black Colleges and Universities Week’’: Now, therefore,

be it

Resolved, That the House of Representatives—

(1) supports the goals and ideas of ‘‘National Historically Black Colleges and Universities Week’’; and
2

•HRES 293 EH

(2) requests that the President issue a proclamation

calling on the people of the United States and interested

groups to conduct appropriate ceremonies, activities, and

programs to demonstrate support for historically black

colleges and universities in the United States.

Attest:

Clerk.
Exhibit 10.1
​
Brainstorm Cell Therapeutics Inc.
​
4th Amendment to the Second Amended and Restated Director Compensation Plan
​
(adopted October 28, 2021)
​
This 4th Amendment to the Second Amended and Restated Director Compensation Plan is hereby adopted by the Board of Directors (the “Board”) of Brainstorm Cell Therapeutics Inc. (the “Corporation”) and amends the Second Amended and Restated Director Compensation Plan of the Corporation dated July 9, 2014, as amended by the 1st Amendment to the Second Amended and Restated Director Compensation Plan dated April 29, 2015, the 2nd Amendment to the Second Amended and Restated Director Compensation Plan dated February 26, 2017 and the 3rd Amendment to the Second Amended and Restated Director Compensation Plan dated July 13, 2017 (as amended, the “Plan”), with effect from the date of adoption by the Board, as follows:
​
Section 2 of the Plan be amended and restated in its entirety as follows:
​
2.            Eligible Participants. Any director of the Corporation who is not an employee of the Corporation or any of its subsidiaries or affiliates (an “Independent Director”) is an eligible participant. However, Dr. June S. Almenoff and Dr. Menghisteab Bairu shall not be entitled to receive annual director awards under the Plan, but are entitled to committee compensation under the Plan in the event that they qualify for and serve as a member of any committee of the Board.
​
Section 13 of the Plan be amended and restated in its entirety as follows:
​
13.          No Right to Any Other Compensation. Other than with respect to Dr. June S. Almenoff and Dr. Menghisteab Bairu, this Plan constitutes the full and complete compensation to an Independent Director for all services as a director of the Corporation, whether as a member of the Board of Directors, a member of a committee of the Board of Directors, or as Chairperson of the Board of Directors.