alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Eddie D. SMITH, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

No. 04-6218.

United States Court of Appeals, Sixth Circuit.

Feb. 27, 2006.

Cheryl J. Sturm, Chadds Ford, PA, for Petitioner-Appellant.

U.S. Attorney’s Office, Lexington, KY, for Respondent-Appellee.

Before KENNEDY, COOK, and GRIFFIN, Circuit Judges.

PER CURIAM.

Federal prison guard Eddie Smith was charged with one count of perjury and eight counts of sexual misconduct offenses involving female inmates at a federal medical center. The prosecution offered to drop all other charges if Smith pled guilty to perjury; in return, the prosecution offered to recommend a maximum sentence of twenty months in prison. Smith refused to consider the plea offer, forcefully maintained his innocence, went to trial, was convicted on nearly all charges, and was sentenced to 262 months in prison. Smith appealed, and this Court affirmed his convictions.

Smith filed a 28 U.S.C. § 2255 motion to vacate his sentence in the United States District Court for the Eastern District of Kentucky, claiming *inter alia*that his counsel rendered constitutionally ineffective assistance by failing to advise him to take the plea and failing to fully advise him of the relative risks and sentencing exposure of going to trial versus accepting the plea offer. The district court denied the motion without a hearing, holding that (1) counsel’s performance was not deficient, and (2) even if it had been deficient, Smith failed to show that he was prejudiced, i.e. that he would have taken the plea if he had been advised as he contends he should have been advised. Smith appealed, and we vacated and remanded for an evidentiary hearing. After the hearing, the district court denied Smith’s motion again.

After reviewing the record, the parties’ briefs, and the applicable law, this Court determines that a panel opinion further addressing the issues raised would serve no jurisprudential purpose. We therefore affirm the district court’s decision for the reasons stated in that court’s opinion.

Affirmed.
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 Annual Report of Feel Golf
Co., Inc. (the “Company”) on Form 10-K for the year ended December 31,
2008 as filed with the Securities and Exchange Commission on the date hereof
(the “Report”), I, Lee Miller, 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:
  1.
              The
      Report fully complies with the requirements of Section 13(a) or 15(d) of
      the Securities Exchange Act of 1934 (15 U.S.C. 78 m or 78o (d));
      and2.
              The
      information contained in the Report fairly presents, in all material
      respects, the financial condition and result of operations of Feel Golf
      Co., Inc., Inc.
  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.
  FEEL GOLF
CO., INC.
 /s/ 
      Lee MillerLee
      Miller


Chief
      Executive Officer






Date:
April 23, 2009
### §4999. Golden parachute payments

#### (a) Imposition of tax

There is hereby imposed on any person who receives an excess parachute payment a tax equal to 20 percent of the amount of such payment.

#### (b) Excess parachute payment defined

For purposes of this section, the term "excess parachute payment" has the meaning given to such term by section 280G(b).

#### (c) Administrative provisions

#### (1) Withholding

In the case of any excess parachute payment which is wages (within the meaning of section 3401) the amount deducted and withheld under section 3402 shall be increased by the amount of the tax imposed by this section on such payment.

#### (2) Other administrative provisions

For purposes of subtitle F, any tax imposed by this section shall be treated as a tax imposed by subtitle A.

(Added Pub. L. 98–369, div. A, title I, §67(b)(1), July 18, 1984, 98 Stat. 587.)

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

#### Effective Date

Section applicable to payments under agreements entered into or renewed after June 14, 1984, in taxable years ending after such date, with contracts entered into before June 15, 1984, which are amended after June 14, 1984, in any significant relevant aspect to be treated as a contract entered into after June 14, 1984, see section 67(e) of Pub. L. 98–369, set out as a note under section 280G of this title.
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 Labor

###### Employment and Training Administration   

          - [TA-W-55,606]   

Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on September 14, 2004 in response to a petition filed by a company official on behalf of workers at Siskiyou Gifts, Medford, Oregon.   

The petitioner has requested that the petition be withdrawn. Consequently, further investigation would serve no purpose and the investigation has been terminated.   

Signed at Washington, DC this 24th day of September 2004.   

Linda G. Poole,   

Certifying Officer, Division of Trade Adjustment Assistance.   

[FR Doc. 04-22802 Filed 10-8-04; 8:45 am]   

BILLING CODE 4510-30-P
### [§29. Renumbered §45K]
<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 Neoware Systems, Inc. (the "Company")
on Form 10-Q for the quarter ended September 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Michael
Kantrowitz, Chairman, 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 such officer's 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
     as of the dates and for the periods expressed in the Report.




/s/ MICHAEL KANTROWITZ
-----------------------------------------------
Michael Kantrowitz
Chairman, President and Chief Executive Officer
(Principal Executive Officer)
November 8, 2004

The foregoing certification is being furnished to the Securities and Exchange
Commission pursuant to 18 U.S.C. Section 1350 as an exhibit to the Report and is
not being filed as part of the Report or as a separate disclosure document.
§ 107.1450 Optional redemption of Preferred Securities. ( a ) *Redemption at par or face value.* A Section 301(d) Licensee may redeem Preferred Securities at any time, provided you give SBA at least 30 days written notice. You may redeem all or only part of your Preferred Securities, but the par value or face value of the securities being redeemed must be at least $50,000. At the redemption date, you must pay to SBA: ( 1 ) The par value (of preferred stock) or face value (of a preferred limited partnership interest); plus
( 2 ) Any unpaid dividends or partnership distributions accrued to the redemption date.
( b ) *Repurchase of 3 percent preferred stock for less than par value.* If you issued 3 percent preferred stock to SBA, you may ask SBA to sell it back to you at a price less than its par value. The terms and conditions of any such transaction will be as set forth in the Notice published in the Federal Register on April 1, 1994 (Copies of this notice are available from SBA, 409 3rd Street, SW., Washington, DC, 20416). SBA has sole discretion to: ( 1 ) Approve or disapprove the sale.
( 2 ) Determine the sale price after considering any factors SBA considers appropriate.
( 3 ) Determine the form of payment SBA will accept. SBA is not authorized to accept the proceeds of a subsidized Debenture as payment.
### [§4224. Repealed. Pub. L. 89–44, title I, §101(b)(5), June 21, 1965, 79 Stat. 136]

Section, Pub. L. 85–859, title I, §119(a), Sept. 2, 1958, 72 Stat. 1286, exempted, with specified exemptions, articles taxable under section 4001 from the imposition of the manufacturers excise tax.

A prior section 4224, act Aug. 16, 1954, ch. 736, 68A Stat. 495, exempted articles for the exclusive use of any State, Territory, or political subdivision of either, or the District of Columbia, prior to repeal by Pub. L. 85–859, title I, §119(a), Sept. 2, 1958, 72 Stat. 1282.

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

#### Effective Date of Repeal

Repeal applicable with respect to articles sold on or after June 22, 1965, see section 701(a) of Pub. L. 89–44, set out as an Effective Date of 1965 Amendment note under section 4161 of this title.
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  Central District Station
 Central DistrictCentral District Station, 1200 Ohio Dr. SW, Washington, DC 20242          (202) 426-6710 USPP/ID Throughout its early history, the United States Park Police patrolled from one central headquarters facility. As the Patrol Division decentralized in the early 1970's, the Central District Station was established. In 1972, the Central District Station moved to 2nd and V Streets, SW (Fort McNair) along with the Criminal Investigations and Special Forces Branches. The Station remained at that location until September 28, 1979, then moved to 960 Ohio Dr. SW, Washington, DC.  In 2019, the Central District Station moved again and is now located at 1200 Ohio Dr, SW, Washington, DC. The Central District is home to many annual special events including the National Independence Day celebration, the Cherry Blossom Festival, as well as numerous demonstrations, footraces, and festivals. Officers patrol by foot, bicycle, scooter, and in cruisers and plainclothes (Crime Prevention Unit - CPU). Central District officers specialize in a variety of enforcement efforts that include crimes against persons, theft from autos, drug and alcohol violations, and traffic and vending enforcement. The Central District is bounded by Florida Avenue on the north, the Potomac River on the south, the Anacostia River on the east, and Rock Creek Parkway on the west. The area includes the Washington Monument, Lincoln, Jefferson, Franklin Delano Roosevelt, Korean and Vietnam Veterans Memorials, the National Mall, East and West Potomac Park, Lafayette and East Executive Parks, and the Ellipse. The District expands north to include Dupont Circle, Franklin Park, Pennsylvania Avenue National Historic Park, Ford's Theatre, and the Peterson and Mary McLeod Bethune Houses. The District reaches east to include Stanton and Lincoln Parks and the marinas on the western shore of the Anacostia River. The Central District also had at one time responsibility for the National Visitors Center at Union Station and the John F. Kennedy Center for the Performing Arts. The Central District Station is located at 1200 Ohio Dr. SW, Washington, DC 20242.  To contact the station, call (202) 426-6710.
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<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     (Replace this text with the legend)
</LEGEND>
<CIK>                         0000894789
<NAME>                        PIRANHA, INC.
<MULTIPLIER>                                   1
<CURRENCY>                                     U.S.DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-2000
<PERIOD-START>                                 JAN-01-2000
<PERIOD-END>                                   MAR-31-2000
<EXCHANGE-RATE>                                1
<CASH>                                         3,274,324
<SECURITIES>                                   2,413,053
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               5,699,747
<PP&E>                                         301,134
<DEPRECIATION>                                 15,478
<TOTAL-ASSETS>                                 19,291,041
<CURRENT-LIABILITIES>                          3,028,096
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    1,012,488
<COMMON>                                       8,586
<OTHER-SE>                                     15,241,871
<TOTAL-LIABILITY-AND-EQUITY>                   19,291,041
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               1,150,945
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             11,320
<INCOME-PRETAX>                                0
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                         (1,162,265)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                             (1,162,265)
<EPS-BASIC>                                    (0.17)
<EPS-DILUTED>                                  (0.17)



</TABLE>
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Thing to Do

# Peer into the past at the Fox Theatre

Tour Detroit’s Fox Theatre, one of five flagship venues built by William Fox during the late 1920s. With over 5,000 seats, the Detroit Fox became the city’s largest movie palace. Since its opening, the extravagant venue has hosted various performing artists including Shirley Temple, Elvis Presley, the Count Basie Orchestra, and Alice Cooper. From Christmas to New Year’s during the 1960s, Berry Gordy’s Motown Revue graced the stage. During this event, the Fox Theatre featured performances by Motown’s local talents including Smokey Robinson, The Temptations, and The Supremes.  

The Fox Theatre was listed in the National Register of Historic Places in 1985. It was designated a National Historic Landmark in 1989. Consult the theatre’s?website?for more information.?

ActivityTheater

Guided tour 

Activity FeeYes

## ** Tags

            -  detroit 
            -  michigan 
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            -  theatre 

## ** Tags

        -  detroit 
        -  michigan 
        -  michigan history 
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Last updated: August 23, 2020

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National Park ServiceU.S. Department of the Interior

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### §305f. Indian Arts and Crafts Board art collection

#### (a) Transfer of art collection and costs

Notwithstanding any other provision of law, the Secretary of the Interior is directed to transfer all right, title and interest in that portion of the Indian Arts and Crafts Board art collection maintained permanently by the Indian Arts and Crafts Board in Washington, District of Columbia, to the Secretary of the Smithsonian Institution to be a part of the collection of the National Museum of the American Indian, subject to subsection (b). Transfer of the collection and costs thereof shall be carried out in accordance with terms, conditions, and standards mutually agreed upon by the Secretary of the Interior and the Secretary of the Smithsonian Institution.

#### (b) Retention of permanent license to use of images

The Indian Arts and Crafts Board shall retain a permanent license to the use of images of the collection for promotional, economic development, educational and related nonprofit purposes. The Indian Arts and Crafts Board shall not be required to pay any royalty or fee for such license.

(Aug. 27, 1935, ch. 748, §7, as added Pub. L. 105–277, div. A, §101(e) [title III, §356(a)], Oct. 21, 1998, 112 Stat. 2681–231, 2681–304.)
C ourt of Appeals of Indiana | Memorandum Decision 4 9 A 0 2

- 1 6 0 7

- J C

- 1 6 2 2 | M a r c h 2 0 , 2 0 1 7 Page 1 of 3



### MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.



### A TTORNEY FOR 

### A PPELLANT Toby Gill Child Advocates, Inc. Indianapolis, Indiana 

### A TTORNEY FOR 

### A PPELLEE 

### D.T. (M OTHER 

### ) Victoria L. Bailey Marion County Public Defender Agency Indianapolis, Indiana 

### A TTORNEYS FOR 

### A PPELLEE 

### I NDIANA 

### D EPARTMENT OF 

### C HILD 

### S ERVICES Curtis T. Hill, Jr. Attorney General of Indiana Robert J. Henke David E. Corey Deputy Attorneys General Indianapolis, Indiana



### I N T H E 

# COURT OF APPEALS OF INDIANA

In the Matter of: J.T. (Minor Child) , Child in Need of Services, and Child Advocates, Inc., Appellant

- Guardian Ad Litem , M arch 20, 2017 Court of Appeals Ca se No. 49A02

- 1607

- JC

- 1622 Appeal from the Marion Superior Court The Honorable Marilyn A. Moores, JudgeC ourt of Appeals of Indiana | Memorandum Decision 4 9 A 0 2

- 1 6 0 7

- J C

- 1 6 2 2 | M a r c h 2 0 , 2 0 1 7 Page 2 of 3



### v. 

### D.T. (Mother) , Co

- Appellee

- Respondent, 

### and The Indiana Department of Child Services, Co

- Appellee

- Petitioner The Honorable Danielle P. Gaughan, Magistrate Trial Court Cause No

. 49D09

- 1307

- JC

- 16390 The Honorable Stephen Eichholtz, Judge Trial Court Cause No. 49D08

- 1601

- GU

- 2310



### Baker , Judge
.

[1] 

### Child Advocates, Inc., appeals two events that occurred below: (1) the transfer of a guardianship case from probate court to juvenile court; and (2) an order in a Child in Need of Services (CHINS) case changing the child’s permanency plan from adoption to reunification.

[2] 

### As for the guardianship case, the transfer orde r is not a final and appealable
order. Ind. Appellate Rule 2(H). Moreover, Child Advocates requested that the transfer take place; as such, any error was invited. Appellant’s GU App. Vol. II p. 34; Appellant’s CHINS App. Vol. II p. 26. As for the CHINS case, the permanency plan order is not a final and appealable order. In re D.W. , 52 N.E.3d 839, 841 (Ind. Ct. App. 2016), trans. denied

.

[3] 

### As for both cases, the CHINS case has been closed and the guardianship case has been voluntarily dismissed by Child A dvocates. We can offer no effective relief to the parties, and the case is therefore moot. E.g. , DeSalle v. Gentry , 818C ourt of Appeals of Indiana | Memorandum Decision 4 9 A 0 2

- 1 6 0 7

- J C

- 1 6 2 2 | M a r c h 2 0 , 2 0 1 7 Page 3 of 3



### N.E.2d 40, 48

- 49 (Ind. Ct. App. 2004). For all of these reasons, we hereby dismiss this appeal.

[4] 

### The appeal is dismissed.

B arnes, J., and Crone, J., concur.
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 20-cv-22094-UU

DEVIN WILLIAMS, et al.,

Plaintiffs, 

v. 

LT. BRIAN COLLINS, et al.,

Defendants. 

 /

ORDER

THIS CAUSE is before the Court upon the Report and Recommendation of Magistrate 

Judge (the “R&R”). D.E. 50. The Court has reviewed the pertinent portions of the record and is 

otherwise fully advised in the premises.

On December 18, 2020, the Court referred Defendants’ Verified Motion to Tax Costs (the 

“Motion”) to Magistrate Judge Lisette M. Reid for a report and recommendation. See D.E. 48. 

On January 15, 2021, Magistrate Judge Reid issued the R&R, recommending that the Motion be 

granted. D.E. 50. Judge Reid recommended that Defendants receive $2,152.22 in taxable costs

against Plaintiffs. Id. Magistrate Judge Reid granted the parties fourteen (14) days from the date 

of the R&R to file any objections to the R&R. As of the date of this Order, no party has filed an 

objection. After a thorough review of the record and the R&R, the undersigned agrees with 

Magistrate Judge Reid’s recommendation in all respects. Accordingly, it is

ORDERED AND ADJUDGED that the Report (D.E. 50) is ADOPTED, RATIFIED, AND 

AFFIRMED in all respects. Defendants’ Motion (D.E. 46) is hereby GRANTED as set forth in 

the R&R. Defendants are entitled to receive taxable costs against Plaintiffs in the amount of 

$2,152.22. The case remains closed.

Case 1:20-cv-22094-UU Document 51 Entered on FLSD Docket 02/05/2021 Page 1 of 2
DONE AND ORDERED in Chambers, Miami, Florida, this _5th_ day of February, 2021.

__________________________________

URSULA UNGARO

UNITED STATES DISTRICT JUDGE

Copies furnished:

All counsel of record

Magistrate Judge Lisette M. Reid

Case 1:20-cv-22094-UU Document 51 Entered on FLSD Docket 02/05/2021 Page 2 of 2