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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 10-1825

CAROLYN DE GUZMAN,

Plaintiff - Appellant,

v.

NIH FEDERAL CREDIT UNION,

Defendant - Appellee.

Appeal from the United States District Court for the District of 

Maryland, at Greenbelt. Peter J. Messitte, Senior District 

Judge. (8:08-cv-03213-PJM)

Submitted: October 19, 2010 Decided: October 25, 2010

Before DUNCAN, KEENAN, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Carolyn de Guzman, Appellant Pro Se. Jeffrey William Larroca, 

ECKERT SEAMANS CHERIN & MELLOTT, L.L.C., Washington, D.C., for 

Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Carolyn de Guzman appeals the district court’s order 

granting Defendant’s motion for summary judgment on her 

employment discrimination and retaliation claims. We have 

reviewed the record and find no reversible error. Accordingly, 

we affirm for the reasons stated by the district court. 

Guzman v. NIH Fed. Credit Union, No. 8:08-cv-03213-PJM (D. Md. 

July 14, 2010). 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
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LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

JULY 2008 WATER QUALITY REPORT RUN DATE: August 1, 2008

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

SAN ANDREAS ON THE SAN JOAQUIN RIVER
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.                  

###### Department of Health and Human Services

###### National Institutes of Health

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 material, 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:*                         Center for Scientific Review Special Emphasis Panel; Member Conflict: Risk, Prevention and Health Behavior.                    

*Date:*                         May 9-10, 2012.                    

*Time:*                         9 a.m. to 5 p.m.                              ( print page 24968)    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Virtual Meeting).                    

*Contact Person:*                         Kristen Prentice, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3112, MSC 7808, Bethesda, MD 20892, 301-496-0726,                          *prenticekj@mail.nih.gov*.                    

This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)

Dated: April 20, 2012.

Jennifer S. Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 2012-10087 Filed 4-25-12; 8:45 am]

BILLING CODE 4140-01-P
_______________________________________ __ 

### Michigan Supreme Court 

# Order

Lansing, Michigan



## December 30, 2008 Clifford W. Taylor, Chief Justice


## 137193 Michael F. Cavanag h Elizabeth A. Weave r Marilyn Kell y Maura D. Corriga n Robert P. Young, Jr. 

## PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman, J ustices 

## Plaintiff-Appellee,

v SC: 137193 COA: 276092 Macomb CC: 2 006-004182-FC ANTONIO DEMETRIUS ROBERTSON, Defendant-Appellant.

________________ _________________________/

On order of the Court, the application for leave to appeal the July 17, 2008 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

1215 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

December 30, 2008

Clerk
### §278a. Annual report to Congress; examination of books and accounts

The Gorgas Memorial Institute shall make to Congress, on April 1 of each year, a full report of the operation and work of the Gorgas Memorial Laboratory during the fiscal year ending the preceding September 30, and shall include therewith a complete statement of the receipts and expenditures of said laboratory for such fiscal year. The books and accounts of the Gorgas Memorial Laboratory shall at all times be open to examination by the Comptroller General of the United States.

(May 7, 1928, ch. 505, §3, 45 Stat. 491; Pub. L. 95–426, title VII, §701(a), Oct. 7, 1978, 92 Stat. 991.)

#### **Editorial Notes**

#### Amendments

1978—Pub. L. 95–426 substituted "on April 1 of each year" and "during the fiscal year ending the preceding September 30" for "annually, on the first Monday in December" and "up to the first of November next preceding", respectively.

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

#### Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions in the first sentence of this section relating to annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 174 of House Document No. 103–7.
Editorial Note on Part 655
Editorial Note: Nomenclature changes to part 655 appear at 71 FR 35521, 35522, June 21, 2006.

§ 655.66 Special document retention provisions for Fiscal Years 2022 through 2026 under the Consolidated Appropriations Act, 2022. ( a ) An employer that files a petition with USCIS to employ H-2B workers in fiscal year 2022 under authority of the temporary increase in the numerical limitation under section 204 of Division O, Public Law 117-103 must maintain for a period of three (3) years from the date of certification, consistent with 20 CFR 655.56 and 29 CFR 503.17, the following: ( 1 ) A copy of the attestation filed pursuant to the regulations in 8 CFR 214.2 governing that temporary increase;
( 2 ) Evidence establishing, at the time of filing the I-129 petition, that the employer's business is suffering irreparable harm or will suffer impending irreparable harm (that is, permanent and severe financial loss) without the ability to employ all of the H-2B workers requested on the petition filed pursuant to 8 CFR 214.2(h)(6)(xii);
( 3 ) Documentary evidence establishing that each of the workers the employer requested and/or instructed to apply for a visa, whether named or unnamed on a petition filed pursuant to 8 CFR 214.2(h)(6)(xii), have been issued an H-2B visa or otherwise granted H-2B status during one of the last three (3) fiscal years (fiscal year 2019, 2020, or 2021), unless the H-2B worker(s) is a national of El Salvador, Guatemala, Honduras, or Haiti and is counted towards the 11,500 cap described in 8 CFR 214.2(h)(6)(xii)(A)( 2 ). Alternatively, if applicable, employers must maintain documentary evidence that the workers the employer requested and/or instructed to apply for visas are eligible nationals of El Salvador, Guatemala, Honduras, or Haiti as defined in 8 CFR 214.2(h)(6)(xii)(A)( 2 ); and
( 4 ) If applicable, proof of recruitment efforts set forth in § 655.65(a)(5)(i) through (v) and a recruitment report that meets the requirements set forth in § 655.48(a)(1) through (4) and (7), and maintained throughout the recruitment period set forth in § 655.65(a)(5)(vi).
( b ) DOL or DHS may inspect the documents in paragraphs (a)(1) through (4) of this section upon request.
( c ) This section expires on October 1, 2025.
[87 FR 30377, May 18, 2022] Effective Date Note
Effective Date Note: At 87 FR 30378, May 18, 2022, § 655.66 was added, effective May 18, 2022, through Sept. 30, 2025.
### §§5115, 5116. Repealed. Pub. L. 103–149, §4(a)(1), Nov. 23, 1993, 107 Stat. 1504

Section 5115, Pub. L. 99–440, title VI, §605, Oct. 2, 1986, 100 Stat. 1115, related to construction of this chapter.

Section 5116, Pub. L. 99–440, title VI, §606, Oct. 2, 1986, 100 Stat. 1115, related to penalties for application of State and local anti-apartheid laws to certain State and local government contracts.
#### Madeline Mantione, Respondent, v. Charles Picone, Defendant and Third Party Plaintiff-Appellant. James Mantione, Third Party Defendant-Appellant.

Judgment affirmed, with costs.' Memorandum: There was ample evidence from which the jury could find that the defendant’s car was being operated at a speed of at least forty-five miles an hour, and had been so operated for more than one-quarter of a mile. Such operation was prohibited by the statute then in effect. (Vehicle and Traffic Law, § 56, subd. 3, as amd. by L. 1945, *1050eh. 210, eff. March 21, 1945.) This was negligence *(Martin*v. *Herzog,*228 N. Y. 164, 168; *Homin*v. *Cleveland & Whitehill Co.,*281 N. Y. 484) which, considered in connection with the blowout, and the number of times which the car turned over after the blowout, supports the finding of the jury that plaintiff’s injuries were proximately caused by defendant’s negligence. All concur. (The judgment is for plaintiff and against defendant Picone, and by direction of the court, in favor of defendant Picone over against defendant Mantiene for the same amount, in an automobile negligence action.) Present — Taylor, P. J., MeCurn, Love, Yaughan and Kimball, JJ.
### §4139. Relationship to other remedies

(a)(1) A grievant may not file a grievance with the Board if the grievant has formally requested, prior to filing a grievance, that the matter or matters which are the basis of the grievance be considered or resolved and relief be provided under another provision of law, regulation, or Executive order, other than under section 1214 or 1221 of title 5, and the matter has been carried to final decision under such provision on its merits or is still under consideration.

(2) If a grievant is not prohibited from filing a grievance under paragraph (1), the grievant may file with the Board a grievance which is also eligible for consideration, resolution, and relief under chapter 12 of title 5 or a regulation or Executive order other than under this subchapter. An election of remedies under this subsection shall be final upon the acceptance of jurisdiction by the Board.

(3) This subsection shall not apply to any grievance with respect to which subsection (b) applies.

(b)(1) With respect to a grievance based on an alleged violation of a law, rule, regulation, or policy directive referred to in section 4131(a)(1)(H) of this title, a grievant may either—

(A) file a grievance under this subchapter, or

(B) initiate in writing a proceeding under another provision of law, regulation, or Executive order that authorizes relief,

but not both.

(2) A grievant shall be considered to have exercised the option under paragraph (1) as soon as the grievant timely either—

(A) files a grievance under this subchapter, or

(B) initiates in writing a proceeding under such other provision of law, regulation, or Executive order.

(Pub. L. 96–465, title I, §1109, Oct. 17, 1980, 94 Stat. 2148; Pub. L. 101–12, §9(a)(3), Apr. 10, 1989, 103 Stat. 35; Pub. L. 102–138, title I, §153(d)(1), Oct. 28, 1991, 105 Stat. 673.)

#### **Editorial Notes**

#### Amendments

1991—Subsec. (a). Pub. L. 102–138, §153(d)(1)(A), (B), redesignated former subsec. (a) as par. (1), redesignated former subsec. (b) as par. (2) of subsec. (a) and substituted "paragraph (1)" for "subsection (a) of this section" and "under this subsection" for "under this section", and added par. (3).

Subsec. (b). Pub. L. 102–138, §153(d)(1)(C), added subsec. (b). Former subsec. (b) redesignated (a)(2).

1989—Subsec. (a). Pub. L. 101–12 substituted "1214 or 1221" for "1206".

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

#### Effective Date of 1991 Amendment

Amendment by Pub. L. 102–138 not applicable with respect to any grievance, within the meaning of section 4131 of this title, arising before Oct. 28, 1991, see section 153(f) of Pub. L. 102–138, set out as a note under section 4115 of this title.

#### Effective Date of 1989 Amendment

Amendment by Pub. L. 101–12 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101–12, set out as a note under section 1201 of Title 5, Government Organization and Employees.
**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**

 

Pursuant to 18U.S.C. §1350 (as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002),I, the undersigned Chief Financial Officer of Golf Galaxy, Inc. (the “Company”),hereby certify that the Annual Report on Form 10-K of the Company for thefiscal year ended February 25, 2006 (the “Report”) fully complies with therequirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended, and that information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

A signed original of this written statement requiredby Section 906 has been provided to the Company and will be retained bythe Company and furnished to the Securities and Exchange Commission or itsstaff upon request.

 
| Date: May 3, 2006 | /s/ RICHARD C. NORDVOLD   |   |
|------------------------|---------------------------|--------|
|                   | Richard C. Nordvold       |
| * *               | *Chief Financial Officer* |

 

----
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not *

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 09-50722

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

FRANCISCO CORTEZ-GOMEZ,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 2:08-CR-1192-1

Before DAVIS, SMITH and DENNIS, Circuit Judges.

PER CURIAM:*

Francisco Cortez-Gomez (Cortez) appeals the nonguidelines sentence

imposed following his guilty plea conviction for illegal reentry after deportation.

He argues that the 21-month sentence imposed is unreasonable under 18 U.S.C.

§ 3553(a) because the sentence is greater than necessary to address the

sentencing factors set forth therein.

The district court determined that the advisory guidelines range was not

adequate and that a greater sentence was warranted based on Cortez’s prior

United States Court of Appeals

Fifth Circuit

F I L E D

April 19, 2010

Lyle W. Cayce

Clerk

Case: 09-50722 Document: 00511084794 Page: 1 Date Filed: 04/19/2010
No. 09-50722

2

criminal history, characteristics, the need to protect the public, and to deter

future criminal behavior. Cortez has not shown that the district court’s

determination was an abuse of discretion. See Gall v. United States, 552 U.S. 38,

51 (2007); United States v. Smith, 440 F.3d 704, 709-10 (5th Cir. 2006).

Accordingly, the judgment of the district court is AFFIRMED.

Case: 09-50722 Document: 00511084794 Page: 2 Date Filed: 04/19/2010
i i i i i i

MEMORANDUM OPINION

No. 04-10-00083-CR

Justin VILLALON,

Appellant

v.

The STATE of Texas,

Appellee

From the County Court at Law No. 7, Bexar County, Texas

Trial Court No. 990406

Honorable Monica E. Guerrero, Judge Presiding

PER CURIAM

Sitting: Rebecca Simmons, Justice

Steven C. Hilbig, Justice

Marialyn Barnard, Justice

Delivered and Filed: March 3, 2010

DISMISSED FOR LACK OF JURISDICTION

Justin Villalon filed a notice of appeal seeking to appeal from a sentence imposed on

September 26, 2008. The only order signed by the trial court on September 26, 2008, was an order

altering and amending Villalon’s conditions of probation. This court has no jurisdiction to hear an
04-10-00083-CR

-2-

appeal from an order altering or modifying probation conditions. See Basaldua v. State, 558 S.W.2d

2, 5 (Tex. Crim. App. 1977). Accordingly, this appeal is dismissed for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH
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DAY HIGH

 466

 501

 1,273

 2,085

 2,941

 2,393

 1,906

 1,551

 1,231

 1,174

 1,037

 934

 840

 946

 1,267

 2,190

 1,554

 2,910

 2,922

 3,880

 3,032

 1,919

 868

 506

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 342

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 647

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 474

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 469

 550

 622

 998

 1,129

 1,282

 948

 688

 483

 389

 348

 322

 304

 297

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

FEBRUARY 2005 WATER QUALITY REPORT RUN DATE: March 4, 2005

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

PITTSBURG TOP ON THE SACRAMENTO RIVER
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 Annual Report of 24Holdings Inc. (the "Company") on Form
10-K for the period ended December 31, 2003, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Roger Woodward, Chief
Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

     (1)  The Report fully complies with the requirements of Section 13(a) or
          15(d) of the Securities Exchange Act 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/ Roger Woodward
                             ------------------
                             Roger Woodward
                             Chief Financial Officer

Dated:  April 14, 2004
<PAGE>

                                                                    EXHIBIT 32.2


                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         Solely for the purpose of complying with 18 U.S.C. ss. 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, I, the undersigned
Chief Financial Officer of Alliance Pharmaceutical Corp. (the "Company"), hereby
certify, based on my knowledge, that the Quarterly Report on Form 10-Q of the
Company for the six months ended December 31, 2008 (the "Report") fully complies
with the requirements of Section 13(a) or 15(d) of the Securities and Exchange
Act of 1934 and that information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

Date:  February 16, 2009





By:   /s/ JACK DEFRANCO
      --------------------------
          Jack DeFranco
          Chief Financial Officer