alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 23-6101

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DEMETRIUS DWAYNE SWINTON, a/k/a Meat, a/k/a Million Dolla Meat,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Beaufort. 

Richard Mark Gergel, District Judge. (9:17-cr-00945-RMG-1; 9:20-cv-02170-RMG)

Submitted: April 20, 2023 Decided: April 25, 2023

Before KING and QUATTLEBAUM, Circuit Judges, and FLOYD, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Demetrius Dwayne Swinton, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 23-6101 Doc: 3 Filed: 04/25/2023 Pg: 1 of 2
2

PER CURIAM:

Demetrius Dwayne Swinton seeks to appeal the district court’s order denying relief 

on his 28 U.S.C. § 2255 motion. We dismiss the appeal for lack of jurisdiction because 

the notice of appeal was not timely filed. 

When the United States or its officer or agency is a party in a civil case, the notice 

of appeal must be filed no more than 60 days after the entry of the district court’s final 

judgment or order, Fed. R. App. P. 4(a)(1)(B), unless the district court extends the appeal 

period under Fed. R. App. P. 4(a)(5) or reopens the appeal period under Fed. R. App. P. 

4(a)(6). “[T]he timely filing of a notice of appeal in a civil case is a jurisdictional 

requirement.” Bowles v. Russell, 551 U.S. 205, 214 (2007).

The district court entered its order on April 27, 2022. Swinton filed the notice of 

appeal on January 17, 2023.

*

 Because Swinton failed to file a timely notice of appeal or 

to obtain an extension or reopening of the appeal period, we deny Swinton’s motion for a 

certificate of appealability and dismiss the appeal. 

We dispense with oral argument because the facts and legal contentions are 

adequately presented in the materials before this court and argument would not aid the 

decisional process.

DISMISSED

* For the purpose of this appeal, we assume that the earliest date appearing on the 

notice of appeal is the earliest date Swinton could have delivered the notice to prison 

officials for mailing to the court. Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 

276 (1988).

USCA4 Appeal: 23-6101 Doc: 3 Filed: 04/25/2023 Pg: 2 of 2
§ 170.409 What is the purpose of long-range transportation planning? ( a ) The purpose of long-range transportation planning is to clearly demonstrate a Tribe's transportation needs and to develop strategies to meet these needs. These strategies should address future land use, economic development, traffic demand, public safety, and health and social needs. The planning process should result in a LRTP.
( b ) The time horizon for a LRTP should be 20 years to match State transportation planning horizons.
<PAGE>


                                                                    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 Legend Mobile, Inc. (the "Company")
on Form 10-QSB for the quarter ending September 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, in the capacities and on the date indicated below, hereby
certifies, 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; and

(2)      The information contained in the Report fairly presents, in all
         material respects, the financial condition and results of operations of
         the Company.

Dated:  December 6, 2004                By: /s/ Peter Klamka
                                            ------------------------------------
                                            Peter Klamka
                                            Chief Executive and Principal
                                            Accounting Officer
February 4, 2015 

Mr. A.J. Muldoon 

albert.muldoon@dot. gov 

EAS and Domestic Analysis Division 

Office of Aviation Analysis 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Dear Mr. Muldoon: 

GRAND COUNTY COUNCIL MEMBERS 

Elizabeth Tubbs (Chair) · Chris Baird (Vice Chair) 

Ken Ballantyne · Jaylyn Hawks · Lynn Jackson 

Mary McGann · Rory Paxman 

The Grand County Airport Board and Grand County Council have reviewed the Essential Air Service 

(EAS) proposals submitted by Great Lakes Airlines, Redtail Aviation and Boutique Airlines. After 

considerable discussion, we strongly urge your office to accept the Great Lakes Airlines EAS proposal. 

Great Lakes Airlines has proposed multiple daily flights to and from Denver International using the 

pressurized, twin-engine EMB-120 Brasilia aircraft that would seat 30 passengers. This particular type of 

aircraft has been serving Canyonhmds .Field for the last 10 months. Over the last year, this size aircraft 

has been instrumental in the airport achieving the most number of annual enplanements on record; a 19-

seat aircraft had provided service during the previous years. This supports the notion that more people 

want the ability to fly directly to and from Moab and the rest of Southeastern Utah. 

Great Lakes Airlines also will be flying under the FAR Part 121 certification. This will enable the 

traveling public to be screened by T.S.A. in Moab, and then arrive in the secured terminal at Denver 

International. Travelers could then precede directly to connecting airline flights as opposed to the 

alternative EAS proposals that would require shuttling services from the General Aviation areas of the 

arrival airport to the curbside of the Airline Terminals. In addition, Great Lakes Airlines also has existing 

agreements with multiple airlines that will enable the traveling public to book and check in for flights, and 

check their baggage, from their departure location all the way through to their destination. 

While this letter is not a complete list of the benefits that Great Lakes Airlines can potentially offer our 

community at this time, it is our conclusion that they present the best option for servicing our community 

under the current Essential Air Service bid.· Thank you for your willingness to consider our 

recommendation on this matter. 

Sincerely, 

r;'~r:J?r'~ El~th A. Tubbs, Chair 

Grand County Council 

cc: David Sakrison, Moab City Mayor 

William J. Groff, Grand County Airport Board Chair 

Council's Office· 125 E. Center St.· Moab, UT 84532 · (435) 259-1346 · www.grandcountyutah.net
**Final Listing of Questionnaire Files for Steam Electric Rulemaking Record**

**Plant ID 08544**  **Removed from Public**  **(Non-CBI) Docket**  **1 Copyright** 

**Flag 2**  **File Name 3**  **Description** x 08544\08544_Checklist.xls EPA Technical Review Checklist Workbook

08544\08544_Completeness_Checklist.xls EPA Completeness Review Checklist x 08544\08544_Part A.xls Plant submitted survey file

08544\Certification Statement Plant ID 08544.pdf Plant certification statement
1Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database
. 2 Copyright documents are available from the docket. 3 No hardcopy log is included for this plant as no hardcopy materials were received.
| (logo) Prudential

  | Prudential Asset Resources,  Inc.

 

**Prudential Mortgage  Capital Company**

2100 Ross Avenue, Suite 2500  Dallas, TX 75201

Tel 877-937-4500

  |
|---------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

Wells Fargo Bank, NationalAssociation Commercial Mortgage ServicingMAC D1086550 South Tryon Street, 14th FloorCharlotte, North Carolina 28202Attention: Asset Manager

RE:**WFRBS 2012-C6**Period:**January 1, 2016 to December 31, 2016 (the "ReportingPeriod")**

**Annual Compliance Statement**I, Timothy E. Steward, in my capacity as President and Managing Director ofPrudential Asset Resources, Inc. (the "Company") hereby certify withregard to the Company's role as Primary Servicer under the Primary ServicingAgreement, (the "Agreement") dated as of April 1, 2012 pertaining tothe above-referenced certificates, that:(i) a review of the activities of the Company under the Agreement during theperiod noted above, and of the performance of the Company under the Agreementduring the reporting period has been made under my supervision, and(ii) to the best of my knowledge, based on such review, the Company hasfulfilled all its obligations under the Agreement throughout the reportingperiod.

 

 

Effective as of 2/22/2017

/s/ Timothy E. StewardTimothy E. StewardPresident and Managing DirectorPrudential Asset Resources, Inc.
[Federal Register Volume 76, Number 34 (Friday, February 18, 2011)]
[Notices]
[Pages 9540-9541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3696]


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

DEPARTMENT OF AGRICULTURE

Forest Service


Humboldt County Resource Advisory Committee (RAC)

AGENCY: Forest Service, USDA.

ACTION: Notice of meeting.

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

SUMMARY: The Humboldt County Resource Advisory Committee (RAC) will 
meet in Eureka, California. The committee meeting is authorized under 
the Secure Rural Schools and Community Self-Determination Act (Pub. L. 
110-343) and in compliance with the Federal Advisory Committee Act.

DATES: The meeting will be held March 8, 2011, from 5 p.m. to 7 p.m.

ADDRESSES: The meeting will be held at the Six Rivers National Forest 
Office, 1330 Bayshore Way, Eureka, CA 95501.

FOR FURTHER INFORMATION CONTACT: Adam Dellinger, Committee Coordinator, 
at (707) 441-3569; e-mail <a href="/cdn-cgi/l/email-protection#432227262f2f2a2d2426310325306d2526276d3630"><span class="__cf_email__" data-cfemail="98f9fcfdf4f4f1f6fffdead8feebb6fefdfcb6edeb">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The meeting is open to the public. The 
agenda includes a public comment

[[Page 9541]]

period, continued review of Title II project proposals received, and a 
preliminary vote on projects to recommend for funding.

    Dated: February 14, 2011.
Tyrone Kelley,
Forest Supervisor.
[FR Doc. 2011-3696 Filed 2-17-11; 8:45 am]
BILLING CODE 3410-11-P


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</html>
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v.

CARLOS HERRERA

- RIVERA,

Defendant

- Appellant. No. 16

- 50450

D.C. No. 3:14

- cr

- 00653

- BEN

- 1

MEMORANDUM *

Appeal from the United States District Court for the Southern District of California Roger T. Benitez, District Judge, Presiding

Submitted November 15, 2018 ** Pasadena, California

Before: GOULD, PARKER, *** and MURGUIA, Circuit Judges.

Carlos Herrera

- Rivera appeals his conviction for possession of

methamphetamine with intent to distribute in violation of 21 U.S.C. § 841.

* This disposition is not appropriate for publication an d is not precedent except as provided by Ninth Circuit Rule 36

- 3.

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

*** The Honorable Barrington D. Parker, Jr., United States Circuit Judge for the U.S. Court of Appeals for the Second Circuit, sitting by designation. 

# FILED

NOV 21 2018

MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2

This Court previously affirmed his conviction in United States v. Herrera

Rivera , 832 F.3d 1166 (9th Cir. 2016). Alth ough the Court affirmed his conviction,

it remanded to the district court for resentencing. Id . at 1174

- 75. The district court

resentenced Herrera

- Rivera, and he now appeals again.

On appeal, he does not challenge his new sentence. Rather, he argues that,

under the Court’s decision in United States v. Orozco , 858 F.3d 1204 (9th Cir.

2017), the search and seizure leading to his arrest violated his Fourth Amendment

rights, requiring su ppression of the evidence introduced at trial and the reversal of

his conviction.

Herrera

- Rivera failed to raise a Fourth Amendment claim at any point in the

prior proceedings, and he is not entitled to do so now on his second appeal. Nor is

he entitled t o an evidentiary hearing.

Our decision in Orozco is not the type of intervening authority that would

allow Herrera

- Rivera to raise his Fourth Amendment claim for the first time on his

second appeal. See United States v. Van Alstyne , 584 F.3d 803, 812

- 13 ( 9th Cir.

2009) (allowing defendant to re

- raise issue in second appeal where he actually

raised a related issue in a previous appeal). Orozco may well have provided

Herrera

- Rivera with a stronger basis to argue for suppression, but it cannot excuse

his fail ure to raise a Fourth Amendment claim altogether in prior proceedings.

Accordingly, the appeal is DISMISSED.
osk-ex103_9.htm



 

Exhibit 10.3

 

 

OSHKOSH CORPORATION

 

Summary of Cash Compensation for Non-Employee Directors

 

Cash compensation for non-employee members of the Board of Directors (the “Board”) of Oshkosh Corporation consists of payment of the following: (i) an annual retainer of $97,500 for each non-employee director; (ii) an additional annual retainer of $170,000 for the non-employee Chairman of the Board; (iii) an additional annual retainer of $13,500 for each Board Committee on which a non-employee director serves during the calendar year; (iv) an additional annual retainer of $20,000 to the non-employee Chair of the Audit Committee of the Board; (v) an additional annual retainer of $15,000 to the non-employee Chair of the Governance Committee and the Human Resources Committee of the Board; and (vi) reimbursement of reasonable travel and related expenses incurred in attending Board and Board committee meetings and continuing education programs.
§ 227.6 Corporations and corporate information. ( a ) If the applicant for a lease is a corporation, it shall file evidence of authority of its officers to execute papers; and with its first application it shall also file a certified copy of its articles of incorporation, and, if foreign to the state in which the lands are located, evidence showing compliance with the corporation laws thereof. Statements of changes in officers and stockholders shall be furnished by a corporation lessee to the superintendent January 1 of each year, and at such other times as may be requested.
( b ) Whenever deemed advisable in any case the superintendent may require a corporation applicant or lessee to file: ( 1 ) List of officers, principal stockholders, and directors, with post-office addresses and number of shares held by each.
( 2 ) A sworn statement of the proper officer showing: ( i ) The total number of shares of the capital stock actually issued and the amount of cash paid into the treasury on each share sold; or, if paid in property, the kind, quantity, and value of same paid per share.
( ii ) Of the stock sold, how much remains unpaid and subject to assessment.
( iii ) The amount of cash the company has in its treasury and elsewhere.
( iv ) The property, exclusive of cash owned by the company and its value.
( v ) The total indebtedness of the company and the nature of its obligations.
( vi ) Whether the applicant or any person controlling, controlled by or under common control with the applicant has filed any registration statement, application for registration, prospectus or offering sheet with the Securities and Exchange Commission pursuant to the Securities Act of 1933 or the Securities Exchange Act of 1934 or said Commission's rules and regulations under said acts; if so, under what provision of said acts or rules and regulations; and what disposition of any such statement, application, prospectus or offering sheet has been made.
( c ) Affidavits of individual stockholders, setting forth in what corporations, or with what persons, firms, or associations such individual stockholders are interested in mining leases on restricted lands within the state, and whether they hold such interest for themselves or in trust.

Cross Reference:
For rules and regulations of the Securities and Exchange Commission, see 17 CFR chapter II.
# C_2006196EN.01003401.xml

| 19.8.2006 | EN | Official Journal of the European Union | C 196/34 |
| --- | --- | --- | --- |

19.8.2006

EN

Official Journal of the European Union

C 196/34

---

Non-opposition to a notified concentration

(Case No. COMP/M.3998 — Axalto/Gemplus)

(2006/C 196/08)

(Text with EEA relevance)

On 19/05/2006, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(2) of Council Regulation (EC) No. 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition web site (http://ec.europa.eu/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes. |
| --- | --- |

—

from the Europa competition web site (http://ec.europa.eu/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes.

| — | in electronic form on the EUR-Lex website under document number 32006M3998. EUR-Lex is the on-line access to European law. (http://ec.europa.eu/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32006M3998. EUR-Lex is the on-line access to European law. (http://ec.europa.eu/eur-lex/lex)

---
### §7487. United States Army War College: acceptance of grants for faculty research for scientific, literary, and educational purposes

(a) Acceptance of Research Grants.—The Secretary of the Army may authorize the Commandant of the United States Army War College to accept qualifying research grants. Any such grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of the College for a scientific, literary, or educational purpose.

(b) Qualifying Grants.—A qualifying research grant under this section is a grant that is awarded on a competitive basis by an entity referred to in subsection (c) for a research project with a scientific, literary, or educational purpose.

(c) Entities From Which Grants May Be Accepted.—A grant may be accepted under this section only from a corporation, fund, foundation, educational institution, or similar entity that is organized and operated primarily for scientific, literary, or educational purposes.

(d) Administration of Grant Funds.—The Secretary shall establish an account for administering funds received as research grants under this section. The Commandant shall use the funds in the account in accordance with applicable provisions of the regulations and the terms and condition of the grants received.

(e) Related Expenses.—Subject to such limitations as may be provided in appropriations Acts, appropriations available for the Army War College may be used to pay expenses incurred by the College in applying for, and otherwise pursuing, the award of qualifying research grants.

(f) Regulations.—The Secretary shall prescribe regulations for the administration of this section.

(Added Pub. L. 109–163, div. A, title V, §522(b)(1), Jan. 6, 2006, 119 Stat. 3240, §4417; renumbered §7487, Pub. L. 115–232, div. A, title VIII, §808(c)(2), Aug. 13, 2018, 132 Stat. 1839.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 7521, act Aug. 10, 1956, ch. 1041, 70A Stat. 464, authorized Secretary of the Navy to make partial payments during progress of work done under contract, and directed that paramount lien on thing contracted for accrues to United States on account of payments so made, prior to repeal by Pub. L. 103–355, title II, §2001(j)(1), title X, §10001, Oct. 13, 1994, 108 Stat. 3303, 3404, subject to effective date and applicability provisions set out as a note under section 2302 of this title. See section 3808 of this title.

Prior sections 7522 to 7524 were renumbered sections 8752 to 8754 of this title, respectively.

#### Amendments

2018—Pub. L. 115–232 renumbered section 4417 of this title as this section.

#### **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.
# C_2006165EN.01002601.xml

| 15.7.2006 | EN | Official Journal of the European Union | C 165/26 |
| --- | --- | --- | --- |

15.7.2006

EN

Official Journal of the European Union

C 165/26

---

Judgment of the Court of First Instance of 16 May 2006 — Martin Magone v Commission

(Case T-73/05) (1)

1

(Officials - Career development report - Action for annulment - Action for compensation - Manifest error of assessment - Duty to state reasons - Misuse of powers - Psychological harassment)

(2006/C 165/50)

Language of the case: French

Parties

Applicant: Alejandro Martin Magone (Brussels, Belgium) (represented by: É. Boigelot, lawyer)

Applicant:

Defendant: Commission of the European Communities (represented by: L. Lozano Palacios and K. Hermann, Agents)

Defendant:

Re:

First, an application for annulment of the applicant's career development report for the 2003 assessment exercise, and, second, an application for compensation for material and non-material damage assessed on an equitable basis at EUR 39 169,67

Operative part of the judgment

The Court:

| 1. | Dismisses the action. |
| --- | --- |

1.

Dismisses the action.

| 2. | Orders the parties to bear their own costs. |
| --- | --- |

2.

Orders the parties to bear their own costs.

---

(1)  OJ C 106, 30.4.2005.

1

---
Joint Task Force – Red Hill

Defueling Dashboard

As of September 8, 2023

Subject to Revision

October 2023 November 2023

JTF-RH is currently ON PLAN to begin gravity defueling on October 16, 2023

September 2023

Key Events

November 15: Fuel Tank Advisory Committee

Next 90 Days 

Dashboard Legend

1

CRI: Community Representation Initiative

DLNR: Department of Land and Natural Resources

DISF: Defueling Information Sharing Forum

Defueling Open House Defueling Main Tanks 

September 1-30: Final Preparations 

September 19: HNL Dept of Emergency 

Management Meeting

October 3: Defueling Open House 

October 4: CRI

1 Briefing

October 16: Defueling Begins

October 17: DLNR

1 Commission on Water 

Resource Management 

October 24: DISF

1 Meeting

Joint Task Force-Red Hill

(JTF-RH) invites members 

of the community to an open 

house October 3, 4-6 p.m., 

at Keʻehi Lagoon Memorial 

Park, Harry and Jeannette 

Weinberg Memorial Hall. 

Joint Task Force-Red Hill is set to begin gravity defueling October 16. Next scheduled dashboard will be released once defueling commences.

To learn more about the defueling process, click on 

the image below.

*Amount is approximate