alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. John GREEN, Defendant-Appellant.

No. 02-6420.

United States Court of Appeals, Fourth Circuit.

Submitted May 16, 2002.

Decided May 28, 2002.

John Green, Appellant Pro Se.

Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

PER CURIAM.

John Green seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West Supp.2001). We have reviewed the record and the district court’s opinion and find no reversible eiTor. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. *United States v. Green,*Nos. CR-95-70109; CA-01-531-7 (W.D.Va. July 16, 2001). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court *372and argument would not aid the decisional process.

*DISMISSED.*
#### Mary Braley et al., Respondents, v. Grace C. Fleming, Individually and as Administratrix of the Estate of Philip J. Fleming, Deceased, Appellant.

No opinion. Present — Close, P. J., Johnston, Adel and Lewis, JJ.; Hagarty, J., not voting.
### SUBCHAPTER IX—DISPOSAL OF ALABAMA LANDS AS AGRICULTURAL LANDS
### §208a. Repealed. Pub. L. 97–468, title VI, §615(a)(3), Jan. 14, 1983, 96 Stat. 2578

Section, act July 19, 1932, ch. 513, 47 Stat. 707, authorized general manager of Alaska Railroad to purchase coal annually for railroad from two or more operating companies in areas adjacent to railroad.

Section was formerly classified to section 445a of Title 48, Territories and Insular Possessions.

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

#### Effective Date of Repeal

Repeal by Pub. L. 97–468 became effective on date of transfer of Alaska Railroad to the State [Jan. 5, 1985], pursuant to section 1203 of Title 45, Railroads, see Pub. L. 97–468, title VI, §615(a), Jan. 14, 1983, 96 Stat. 2577.
#### Carrie Miller, an Infant, by Elizabeth Miller, Her Guardian ad Litem, Respondent, v. The City of New York, Appellant.

Judgment and order affirmed, with costs. No opinion. Thomas, Carr and Rich, JJ., concurred; Jenks, P. J., and Burr, J., dissented for error in refusing to charge as requested at folios 291 and 293.
#### Ruth Matlick, Respondent, v. Henry Matlick, Appellant.

Present — Glennon, J. P., Dore, Callahan, Van Voorhis and Shientag, JJ.
### §4211. Establishment and purposes of Foundation

#### (a) Establishment

There is established the Marine Debris Foundation (in this subchapter referred to as the "Foundation"). The Foundation is a charitable and nonprofit organization and is not an agency or establishment of the United States.

#### (b) Purposes

The purposes of the Foundation are—

(1) to encourage, accept, and administer private gifts of property for the benefit of, or in connection with, the activities and services of the National Oceanic and Atmospheric Administration under the Marine Debris Program established under section 1952 of this title, and other relevant programs and agencies;

(2) to undertake and conduct such other activities as will augment efforts of the National Oceanic and Atmospheric Administration to assess, prevent, reduce, and remove marine debris and address the adverse impacts of marine debris on the economy of the United States, the marine environment, and navigation safety;

(3) to participate with, and otherwise assist, State, local, and Tribal governments, foreign governments, entities, and individuals in undertaking and conducting activities to assess, prevent, reduce, and remove marine debris and address the adverse impacts of marine debris and its root causes on the economy of the United States, the marine environment (including waters in the jurisdiction of the United States, the high seas, and waters in the jurisdiction of other countries), and navigation safety;

(4) subject to an agreement with the Secretary of Commerce, administer the Genius Prize for Save Our Seas Innovation as described in title II; 1 and

(5) to support other Federal actions to reduce marine debris.

(Pub. L. 116–224, title I, §111, Dec. 18, 2020, 134 Stat. 1075.)

#### **Editorial Notes**

#### References in Text

This subchapter, referred to in subsec. (a), was in the original "this title", meaning title I of Pub. L. 116–224, Dec. 18, 2020, 134 Stat. 1074, which is classified principally to this subchapter. For complete classification of title I to the Code, see Tables.

Title II, referred to in subsec. (b)(4), means title II of Pub. L. 116–224, which is classified generally to subchapter II of this chapter, but probably should have been a reference to subtitle C of title I of Pub. L. 116–224, which is classified generally to part B of this subchapter and relates to the Genius Prize for Save Our Seas Innovations.

1 See References in Text note below.
EXHIBIT 32.2

CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(SUBSECTIONS (A) AND (B) OF SECTION 1350,

CHAPTER 63 OF TITLE 18, UNITED STATES CODE)

I, Ronald D. Mogel, Senior Vice President and Chief Financial Officer of OMNI
Energy Services Corp., certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



|(1) | the Annual Report on Form 10-K for the period ended December 31, 2007 (the Periodic Report) which this statement accompanies 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 Periodic Report fairly presents, in all material respects, the financial condition and results of operations of OMNI Energy Services Corp.
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Dated: March 17, 2008



/S/    RONALD D. MOGELRonald D. Mogel Sr. Vice President and Chief Financial Officer
January 5, 2005

MEMORANDUM TO: Luis A. Reyes 

Executive Director for Operations

FROM: Annette L. Vietti-Cook, Secretary /RA/

SUBJECT: STAFF REQUIREMENTS - SECY-04-0215 - FINAL REPORT ON

RESULTS OF THE NATIONAL MATERIALS PROGRAM PILOT

PROJECTS

The Commission has approved the staff’s recommendation to continue the National Materials

Program (NMP) activities to collaboratively address materials issues under the Blended option. 

The Commission agrees that the pilot projects do not resolve the concerns with implementing

an Alliance approach to managing the NMP. The pilot programs do demonstrate that, under

certain circumstances, the Agreement States and NRC are able to produce products (such as

review procedures) and make collaborative decisions that address regulatory issues in the

NMP. However, the products developed to date were not fully implemented or tested. Before

initiating new projects, the staff should evaluate the effectiveness of implementing the products

produced under these pilot programs and should make appropriate corrections where

warranted. Based on the lessons learned from this process, the staff can then consider new

pilot activities under this effort. The Commission shall be kept informed through appropriate

Technical Assistant briefings on the status of this effort, particularly before initiating any new

study.

The staff should inform the Commission if staff resource expenditures becomes a significant

portion of the overall resources needed to maintain the NMP. 

cc: Chairman Diaz 

Commissioner McGaffigan 

Commissioner Merrifield 

DOC

OGC

CFO

OCA

OPA 

Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)

PDR
### §2341b. Prioritization of certain projects

The Secretary shall give priority to a project for flood risk management if—

(1) there is an executed project partnership agreement for the project; and

(2) the project is located in an area—

(A) with respect to which—

(i) there has been a loss of life due to flood events; and

(ii) the President has declared that a major disaster or emergency exists under section 5170 of title 42; or

(B) that is at significant risk for catastrophic flooding.

(Pub. L. 114–322, title I, §1144, Dec. 16, 2016, 130 Stat. 1659.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Water Resources Development Act of 2016, and also as part of the Water Infrastructure Improvements for the Nation Act, also known as the WIIN Act, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

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

#### "Secretary" Defined

Secretary means the Secretary of the Army, see section 1002 of Pub. L. 114–322, set out as a note under section 2201 of this title.
Exhibit 32.2

Certification of Chief Financial Officer

Pursuant to 18 U.S.C. ss. 1350, as created by Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officer of FIRST ADVANTAGE CORPORATION (the Company) hereby certifies, to such officers knowledge, that:

(i) the accompanying Quarterly Report on Form 10-Q of the Company for the quarterly period ended June 30, 2008 (the Report) fully complies with the requirements of Section 13(a) or
Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and

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

A signed original of this statement 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.



|                    |  |  |  |                        
|------------------- |  |  |  | -----------------------
|                    |  | 
|Date: July 31, 2008 |  |  |  | /s/ JOHN LAMSON        
|                    |  |  |  | John Lamson            
|                    |  |  |  | Chief Financial Officer

The foregoing certification is being furnished solely to accompany the Report pursuant to 18 U.S.C. ss. 1350, and
is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general
incorporation language in such filing.
#### § 147.41 Removal or disposition pursuant to regulation.

Articles for a fair entered under this part shall not be removed from the fair premises, or otherwise disposed of, except in accordance with this subpart. The fair operator shall be liable for the payment of any unpaid duty, tax, fees, charges, or exaction due on any article removed from the fair premises or disposed of contrary to this subpart, including any article lost or stolen regardless of the fair operator's fault. The payment shall be made on the Center director's demand to CBP, either at the port of entry or electronically.

[T.D. 70-134, 35 FR 9268, June 13, 1970, as amended by T.D. 84-213, 49 FR 41186, Oct. 19, 1984; CBP Dec. No. 16-26, 81 FR 93021, Dec. 20, 2016]
### §394. Challenge to jurors

At the trial in summary cases, if by jury, the United States and the accused shall each be entitled to three peremptory challenges. Challenges for cause, in such cases, shall be tried by the court without the aid of triers.

(R.S. §4303.)

#### **Editorial Notes**

#### Codification

R.S. §4303 derived from act June 11, 1864, ch. 121, §7, 13 Stat. 125.
#### § 2640.101 Purpose.

18 U.S.C. 208(a) prohibits an officer or employee of the executive branch, of any independent agency of the United States, of the District of Columbia, or Federal Reserve bank director, officer, or employee, or any special Government employee from participating in an official capacity in particular matters in which he has a personal financial interest, or in which certain persons or organizations with which he is affiliated have a financial interest. The statute is intended to prevent an employee from allowing personal interests to affect his official actions, and to protect governmental processes from actual or apparent conflicts of interests. However, in certain cases, the nature and size of the financial interest and the nature of the matter in which the employee would act are unlikely to affect an employee's official actions. Accordingly, the statute permits waivers of the disqualification provision in certain cases, either on an individual basis or pursuant to general regulation. Section 208(b)(2) provides that the Director of the Office of Government Ethics may, by regulation, exempt from the general prohibition, financial interests which are too remote or too inconsequential to affect the integrity of the services of the employees to which the prohibition applies. The regulations in this part describe those financial interests. This part also provides guidance to agencies on the factors to consider when issuing individual waivers under 18 U.S.C. 208 (b)(1) or (b)(3), and provides an interpretation of 18 U.S.C. 208(a).
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

MOHAMMED ASHRAF,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 08-72731

Agency No. A093-155-300

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted March 12, 2013** 

San Francisco, California

Before: WALLACE, McKEOWN, and IKUTA, Circuit Judges.

Ashraf petitions for review of the Board of Immigration Appeals’ (Board)

denial of his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252(b), and

we deny the petition.

FILED

MAR 14 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2

The Board did not abuse its discretion when it denied Ashraf’s motion to

reopen. See Iturribarria v. I.N.S., 321 F.3d 889, 894 (9th Cir. 2003). Ashraf’s

motion was untimely. See 8 U.S.C. § 1229a(c)(7)(C)(i). Ashraf did not show that

the conditions in Pakistan, insofar as they related to his circumstances, had

materially worsened since the time the Board denied his application for

cancellation of removal, and therefore he did not qualify for the “changed country

conditions” exception to the filing deadline. See id. §§ (i), (ii); 8 C.F.R. §

1003.2(c)(3)(ii).

PETITION DENIED.
### §5303. Reserved coins and currencies of foreign countries

An agency may use coins and currencies of a foreign country the United States Government holds that are or may be reserved for a specific program or activity of an agency. The agency shall reimburse the Treasury from appropriations and shall replace the coins and currencies when they are needed for the program or activity for which they were reserved originally.

(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 994.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 5303 | 31:938. | Oct. 15, 1966, Pub. L. 89–677, 80 Stat. 955. |

The word "Federal" is omitted as unnecessary because of the definition of "agency" in section 101 of the revised title. The words "coins and" and "Government" are added for consistency. The words "or set aside" and "of the Government" are omitted as surplus. The words "The agency shall reimburse . . . shall replace" are substituted for "except (1) that reimbursement shall be made . . . (2) . . . shall be replaced" for clarity. The words "applicable . . . of the agency concerned" are omitted as surplus. The words "program or activity" are substituted for "purpose" for clarity and consistency.
Exhibit 31.1

                                 CERTIFICATIONS

I, Stan Cipkowski, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of American Bio Medica
Corporation;

2. Based on my knowledge, this quarterly 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 small business
issuer as of, and for, the periods presented in this report;

4. The small business issuer's other certifying officers 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)) for the small business issuer and
have:

a) designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the small business issuer, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared;

b) [omitted]; and

c) evaluated the effectiveness of the small business issuer's disclosure
controls and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and

d) Disclosed in this report any change in the small business issuer's internal
control over financial reporting that occurred during the small business
issuer's most recent fiscal quarter (the small business issuer's fourth fiscal
quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the small business issuer's internal
control over financial reporting; and

5. The small business issuer's other certifying officers and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the small business issuer's auditors and the audit committee of
the small business issuer's board of directors (or persons performing the
equivalent functions):

a) all significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the small business issuer's ability to record,
process, summarize and report financial information; and

b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the small business issuer's internal
control over financial reporting; and


/s/ Stan Cipkowski
------------------
Chief Executive Officer

Date:  November 8, 2005
### §384. Condemnation of piratical vessels

Whenever any vessel, which shall have been built, purchased, fitted out in whole or in part, or held for the purpose of being employed in the commission of any piratical aggression, search, restraint, depredation, or seizure, or in the commission of any other act of piracy as defined by the law of nations, or from which any piratical aggression, search, restraint, depredation, or seizure shall have been first attempted or made, is captured and brought into or captured in any port of the United States, the same shall be adjudged and condemned to their use, and that of the captors after due process and trial in any court having admiralty jurisdiction, and which shall be holden for the district into which such captured vessel shall be brought; and the same court shall thereupon order a sale and distribution thereof accordingly, and at its discretion.

(R.S. §4296.)

#### **Editorial Notes**

#### Codification

R.S. §4296 derived from acts Mar. 3, 1819, ch. 77, §4, 3 Stat. 513; Jan. 30, 1823, ch. 7, 3 Stat. 721; Aug. 5, 1861, ch. 48, §1, 12 Stat. 314.
OFFICE OF THE A’ ITORNEY GENERAL OF TEXAS AUSTIN

HonorableIL '8.Sattertield PerlPlOll

'(ZosEf+io4er State Firemen s a&d Fire Marshal's Association Austin, 'Texas Dear sirr

Your letter of ~thlsdepartmenta copy of a to beg areoated:by the',loc.al Bo&e WLi ay3, aotr '1937, ~~th&..~yot~~z&

obtain, the, info air, @riaioh fiommie then, &et that ,ehe t6 the State Trea y to enable you, requirementsof

1143 the rEt9tS

~i8 hi required of thblr existence. The

adetjuate

in every respeot .ae.Vs~one; The form letter aeters to the oity ox t@-n as having;a "]regularly organizedFire Departmant,w whereas the Act make6 ePigible.only'those inoorpoiwt,ed

cities and tmma hav2qg a "~reguiarly ~ra;ani@d actlv,),Fise Depaitment.n The letter should be amende& in this reapedt.. . .

**Ecmtarablo H.**  8. Satterfield, page ,2

Aa pointed oat above, the Aot 1a silent an to the m&hod8 1y whiahtthe Fi.romen*~ Pamion :Bemmlamimer~~shal.l satisfyhimnelf of the.etlmtanoe o? the fag&r **detemining** the. eligibilityof the board.: There is no reqnliament,therefore, that the lnfornmtionknoorporated in thk Iotter shall bo supportedby an arfldatit., Howswer, the~Commlsaloner is at liberty to require the infonuatlonto bs submitted in affidavit fOW. Yours very truly **ATTORKEYCZl ’**  **iE?AL** OFTEXAS By '( **tUgned)** R.W.FAIRCIEELD
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 Easy Gardener Products, Ltd., (the Company) on
Form 10-Q for the period ended September 30, 2005 (the Report), I, Richard M.
Grandy, as Manager 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; 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/ Richard M. GrandyRichard M.
  GrandyManager /
  CEO Dated:
November 14, 2005
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-6952

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JERMAINE FAISON, Defendant - Appellant. Appeal from the United States District Court for the District ofMaryland, at Baltimore. Catherine C. Blake, District Judge. (CR00-296-CCB; CA-02-2006-CCB) Submitted: September 9, 2004 Decided: September 15, 2004 Before WILKINSON, MICHAEL, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Jermaine Faison, Appellant Pro Se. Bonnie S. Greenberg, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Jermaine Faison seeks to appeal the district court’s order denying relief on his motion filed under 28 U.S.C. § 2255 (2000). An appeal may not be taken from the final order in a § 2255 proceeding unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue for claims addressed by a district court absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. SeeMiller-El v. Cockrell , 537 U.S. 322, 336 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee , 252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed the record and conclude that Faison has not made the requisite showing. Accordingly, we deny 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 the court and argument would not aid the decisional process.

DISMISSED
#### § 207.6 [Reserved]