alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 19

- 40695 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
ANTONIO JOSUE LOPEZ

- PEREZ , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:19

- CR

- 513

- 1

Before STEWART, DENNIS, and HO, Circuit Judges. PER CURIAM: * The attorney appointed to represent Antonio Josue Lopez

- Perez has moved for leave to withdraw and has filed a brief in accordance with Anders

v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Lopez

- Perez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Lopez

- Perez ’s claim of ine ffective assistance of counsel; we therefore decline to consider the claim

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED March 31, 2020 Lyle W. Cayce Clerk Case: 19-40695 Document: 00515365525 Page: 1 Date Filed: 03/31/2020No. 19

- 40695

2 wit hout prejudice to collateral review. See United States v. Isgar , 739 F.3d 829, 841 (5th Cir. 2014 )

. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Lopez

- Perez ’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DIS MISSED. See
5 TH C IR

. R . 42.2. To the extent that Lopez

- Perez moves for the appointment of substitute counsel, the motion is DENIED. See United States v. Wagner , 158 F.3d 901, 902

- 03 (5th Cir. 1998). Case: 19-40695 Document: 00515365525 Page: 2 Date Filed: 03/31/2020
### SUBCHAPTER XI—POLICY AND ADMINISTRATIVE PROVISIONS
No. IV-12-038

Contact: Victor Dricks (817) 200-1128

 Lara Uselding (817) 200-1519

 

September 13, 2012 

 E-Mail: OPA4.Resource@nrc.gov

NRC TO HOLD PUBLIC MEETING TO DISCUSS

SAN ONOFRE NUCLEAR GENERATING STATION ISSUES

The Nuclear Regulatory Commission will hold a public meeting on Oct. 9 to discuss the 

status of its oversight of the San Onofre Nuclear Generating Station and respond to questions 

about current plant issues.

The two-part meeting will be held between 6 and 9:30 p.m. at the St. Regis Monarch 

Beach Hotel, One Monarch Beach Resort, in Dana Point, Calif. There is a nominal parking fee.

The first part of the meeting will be a facilitated roundtable discussion on topics of 

significant public interest. The second part of the meeting will be a question and answer session 

between the NRC and the public on topics related to SONGS and the NRC’s regulatory process.

Representatives for the roundtable are being chosen by the NRC in consultation with 

local interest groups. Members have not been chosen yet. 

The NRC is making arrangements to webcast the meeting and will provide additional 

details at a later date.

“We want to provide members of the public with an opportunity to get their questions 

answered on a broad range of topics related to San Onofre,” said Region IV Administrator Elmo 

E. Collins. “We think the roundtable discussion along with an open question and answer session 

will provide people with a means of doing this.”

###

News releases are available through a free Listserv subscription or by clicking on the EMAIL UPDATES 

link on the NRC homepage (www.nrc.gov). E-mail notifications are sent to subscribers when news releases are 

posted to NRC's website. For the latest news, follow the NRC on www.twitter.com/NRCgov.

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Region IV

 1600 E. Lamar Blvd.

 Arlington, TX 76011 - 4125

Site: www.nrc.gov

Blog: http://public-blog.nrc-gateway.gov
### SUBCHAPTER IV—ADMINISTRATION AND ENFORCEMENT
II 

108TH CONGRESS 

2D SESSION H. R. 2119

IN THE SENATE OF THE UNITED STATES 

OCTOBER 6, 2004

Received 

AN ACT

To provide for the conveyance of Federal lands, improvements, equipment, and resource materials at the Oxford 

Research Station in Granville County, North Carolina, 

to the State of North Carolina.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

HR 2119 RDS 

1 SECTION 1. LAND CONVEYANCE, OXFORD RESEARCH STA2 TION, GRANVILLE COUNTY, NORTH CARO3 LINA. 

4 (a) CONVEYANCE REQUIRED.—The Secretary of Ag5 riculture shall convey, without consideration, to the State 

6 of North Carolina all right, title, and interest of the 

7 United States in and to a parcel of Federal real property 

8 consisting of approximately 4.28 acres and administered 

9 as part of the Oxford Research Station in Granville Coun10 ty, North Carolina. The conveyance shall include all im11 provements, equipment, and resource materials at the re12 search station. 

13 (b) DESCRIPTION OF REAL PROPERTY.—The exact 

14 acreage and legal description of the real property to be 

15 conveyed under subsection (a) shall be determined by a 

16 survey satisfactory to the Secretary. The cost of the survey 

17 shall be borne by the State. 

18 (c) ADDITIONAL TERMS AND CONDITIONS.—The 

19 Secretary may require such additional terms and condi20 tions in connection with the conveyance under subsection
3

HR 2119 RDS 

1 (a) as the Secretary considers appropriate to protect the 

2 interests of the United States.

Passed the House of Representatives October 5, 

2004. 

Attest: JEFF TRANDAHL, 

Clerk.
Exhibit 10.9

                             SYNOVUS FINANCIAL CORP.
                        Personal Use of Company Aircraft


Key Executives are each allowed a maximum number of hours of personal use of
company aircraft each calendar year.

Personal use of company aircraft by Key Executives includes non-business flights
upon which the Key Executive and his or her non-business guests are the only
passengers aboard the aircraft and also includes non-business flights upon which
the Key Executive is not aboard the aircraft but his or her non- business guests
are the only passengers aboard the aircraft.

Personal use of company aircraft is calculated using "block hours", as opposed
to "flight hours", and includes "deadhead legs".

For purposes of calculating the number of hours of personal use of company
aircraft, each block hour of turbo-prop usage shall equal "one hour of personal
usage" and each block hour of jet usage shall equal "two hours of personal
usage". Usage of less than whole hours shall be recorded proportionately.

Personal use of company aircraft by Key Executives and their non-business guests
is tracked and the value reported for tax purposes for the Key Executive using
the Standard Industry Fair Level (SIFL) guidelines.

Needs of the business will always supercede personal use of the aircraft.
Personal use is subject to availability.

            Bereavement and Medical Emergency Use of Company Aircraft

Other company team members may utilize a company aircraft for bereavement or
medical emergency purposes. All trips for this purpose shall be authorized by
Sanders Griffith.

           Use of Company Aircraft by Key Executives and Other Company
              Executives on Previously Scheduled Business Flights

Key Executives and other company executives, and their respective non-business
guests, may occupy otherwise unoccupied seats on previously scheduled business
flights of company aircraft, and, in the case of Key Executives, such occupancy
shall not be counted against the number of hours of personal use of company
aircraft available to them. All trips for this purpose shall be authorized by
Sanders Griffith. The travel of such executive and his or her non-business
guests will be tracked and the value reported for tax purposes to the executive
using the SIFL guidelines.

January 2004



                                  Attachment 1


The following TSYS Executives are designated as eligible for the indicated
number of hours of personal use of company aircraft:


Phil Tomlinson---TSYS CEO---20 hours

Rick Ussery---TSYS COB---20 hours

Troy Woods---TSYS President and COO---20 hours



















January 2004
[Federal Register Volume 69, Number 224 (Monday, November 22, 2004)]
[Notices]
[Page 67899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25970]


=======================================================================
-----------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION


Sunshine Act Meeting

TIME AND DATE: Thursday, December 9, 2004, 10 a.m.

LOCATION: Room 420, Bethesda Towers, 4330 East West Highway, Bethesda, 
Maryland.

STATUS: Open to the public.

MATTER TO BE CONSIDERED: 

Open Flame Flammability Standards for Mattresses, Mattress and 
Foundation Sets, and Bedclothes

    The staff will brief the Commission on the draft notice of proposed 
rulemaking addressing flammability (open flame) of mattresses and 
foundations under the Flammable Fabrics Act (FFA) as described in the 
November 1, 2004, staff briefing package. The staff will also brief the 
Commission on options for addressing bedclothes involvement in 
mattress/bedding fires as discussed in the briefing package. The 
briefing package is available on the internet at the CPSC Web site: 
http://www.cpsc.gov/library/foia/foia05/brief/briefing.html.
    The meeting is open to the public although the Commission will not 
be taking comments at that time. As required by the FFA, a full 
opportunity of public comment, including presentation of oral 
testimony, will be provided should the Commission elect to proceed with 
the notice of proposed rulemaking.
    For a recorded message containing the latest agenda information, 
call (301) 504-7948.

CONTACT PERSON FOR ADDITIONAL INFORMATION: Todd A. Stevenson, Office of 
the Secretary, 4330 East West Highway, Bethesda, MD 20207, (301) 504-
7923.

    Dated: November 18, 2004.
Todd A. Stevenson,
Secretary.
[FR Doc. 04-25970 Filed 11-18-04; 2:40 pm]
BILLING CODE 6355-01-M
#### The People of the State of New York, Respondent, v Fitz Lawrence, Appellant.

[820 NYS2d 816]

Appeal by the defendant from a judgment of the County Court, Nassau County (Weinberg, J.), rendered February 2, 2005, convicting him of assault in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s challenges to his plea and the waiver of his right to appeal on the grounds that they were not knowingly, voluntarily, and intelligently made are unpreserved for appellate review *(see*CPL 470.05 [2]; *People v Lopez,*71 NY2d 662, 665 [1988]; *People v Pellegrino,*60 NY2d 636, 637 [1983]; *People v Thompson,*28 AD3d 498 [2006]; *People v Reynolds,*27 AD3d 668 [2006], *lv denied*7 NY3d 762 [2006]; *People v Fiori,*24 AD3d 687 [2005]). In any event, the record establishes that the *970plea of guilty and waiver of the right to appeal were knowing, voluntary, and intelligent *(see People v Garcia,*92 NY2d 869, 870-871 [1998]; *People v Hidalgo,*91 NY2d 733, 737 [1998]; *People v Fiumefreddo,*82 NY2d 536, 543 [1993]; *People v Seaberg,*74 NY2d 1, 11 [1989]; *People v Harris,*61 NY2d 9, 17 [1983]). Additionally, the defendant was provided with the effective assistance of counsel *(see People v Benevento,*91 NY2d 708, 714 [1998]; *People v Baldi,*54 NY2d 137, 147 [1981]).

The defendant’s waiver of his right to appeal precludes review of his claim that the sentence imposed was excessive *(see People v Lopez,*6 NY3d 248 [2006]; *People v Hidalgo, supra*at 737). Crane, J.P., Luciano, Rivera and Lunn, JJ., concur.
**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 Optium Corporation. (the “Company”) on Form 10-Q for the period ended April 28, 2007 (the “Report”), I, Eitan Gertel, President and Chief Executive Officer of the Company and I, David Renner, Vice President of Finance and Chief Financial Officer of the Company, each certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to our knowledge:

  (1)   the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; 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/ Eitan Gertel                  |   |
|--------|--------|-----------------------------------|--------|
|   |   | Eitan Gertel                      |
|   |   | President and CEO                 |
|   |   | Principal Executive Officer       |
|   |   | June 11, 2007                     |
|   |   |                              |
|   |   |                              |
|   |   | /s/ David Renner                  |   |
|   |   | David Renner                      |
|   |   | Vice President of Finance and CFO |
|   |   | Principal Financial Officer       |
|   |   | June 11, 2007                     |
|        |        |                                   |        |  |

 

This certification accompanies this Report on Form 10-Q pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by such Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”).  Such certification will not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.

----
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-7272

KRIS SARAYN KOLLYNS, Plaintiff - Appellant, and JONATHAN C. FRANCIS; JAMES B. PRICE, Plaintiffs, versus RUSSELL HUGHES, DR.; BRENDA E. YOUNG-RICE; FRED PAUER; REVEREND SMITH; LIEUTENANT ABNEY; THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH, for injunctive relief; DOCTOR CHAVEZ, in their personal capacities, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Columbia. Joseph F. Anderson, Jr., Chief District Judge. (3:05-cv-00090-JFA) Submitted: November 28, 2007 Decided: December 19, 2007 Before MICHAEL and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion.- 2 - Kris Sarayn Kollyns, Appellant Pro Se. Ginger Dee Goforth, Andrew Todd Darwin, HOLCOMBE, BOMAR, GUNN & BRADFORD, PA, Spartanburg, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit.- 3 - PER CURIAM: Kris Sarayn Kollyns appeals the district court’s judgment adopting in part the magistrate judge’s reports and recommendations, granting summary judgment to the Appellees and dismissing his civil rights complaint. We have reviewed the record and the district court’s orders and affirm for the reasons cited by the district court. See Kollyns v. Hughes , No. 3:05-cv-00090-JFA (D.S.C. Sept. 22, 2006; Aug. 16, 2007). 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
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 the Interior

###### National Park Service

# ACTION:

Meeting notice. 

# SUMMARY:

This notice announces a December 3, 2004, “interim” meeting of the Flight 93 Advisory Commission. 

# DATES:

The public meeting will be held on December 3, 2004, from 10 to 11 a.m., eastern standard time.

*Location:*                         The meeting will be held via conference call for all out-of-town Commissioners and public participants. To call in, the call in number is 866-556-6304; then enter the pass code number 487846#. For those who are able to attend in person, the Flight 93 National Memorial office will be open at 109 West Main Street, Newberry Building, Somerset, PA 15501, from where the conference call will be initiated.                    

*Agenda:*                         The agenda includes:                    

(1) Opening of the meeting.

(2) Roll call and identification of people in the Somerset Office and on the conference call line.

(3) Report by the Design Oversight Committee of the Flight 93 Memorial Task Force, with recommendations on a Stage 1 jury for the design competition for a permanent memorial.

# FOR FURTHER INFORMATION CONTACT:

Joanne M. Hanley, Superintendent, Flight 93 National Memorial, 109 West Main Street, Somerset, PA 15501, telephone (814) 443-4457.

# SUPPLEMENTARY INFORMATION:

The meeting will be open to the public. Any member of the public may file with the Commission a written statement concerning agenda items. The statement should be addressed to the Flight 93 Advisory Commission, 109 West Main Street, Somerset, PA 15501.

This notice is being published less than 15 days prior to the meeting date because of the urgent need to complete time-sensitive work carried over from the Commission's previous meeting. In particular, the Commission must complete its consideration of Stage 1 jury recommendations by the Design Oversight Committee.

Dated: November 12, 2004.

Bernard Fagan, 

Deputy Chief, National Park Service Office of Policy.

[FR Doc. 04-26002  Filed 11-23-04; 8:45 am]

BILLING CODE 4312-52-M
### §7286. Judicial Conference of the Court

The Chief Judge of the Court of Appeals for Veterans Claims may summon the judges of the Court to an annual judicial conference, at a time and place that the Chief Judge designates, for the purpose of considering the business of the Court and recommending means of improving the administration of justice within the Court's jurisdiction. The Court shall provide by its rules for representation and active participation at such conference by persons admitted to practice before the Court and by other persons active in the legal profession.

(Added Pub. L. 102–82, §2(a), Aug. 6, 1991, 105 Stat. 375; amended Pub. L. 105–368, title V, §512(a)(1), (2)(A), Nov. 11, 1998, 112 Stat. 3341.)

#### **Editorial Notes**

#### Amendments

1998—Pub. L. 105–368 struck out "of Veterans Appeals" after "Court" in section catchline and substituted "Court of Appeals for Veterans Claims" for "Court of Veterans Appeals" in text.

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

#### Effective Date of 1998 Amendment

Amendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of this title.
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 Aida Pharmaceuticals, Inc. a Nevada corporation (the Company), on Form 10-Q for the quarterly period ending March 31, 2008 as filed with the Securities and Exchange Commission (the Report), I, Biao Jin, Chief Executive Officer of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350), that to my knowledge:  (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. 78m or 78o(d)); and  (2) The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.    /s/ Biao Jin Biao Jin Chief Executive Officer Date: May 19, 2008
#### Utica Gas and Electric Company, Appellant, v. Perry Kingston, Respondent.

Order entered precluding respondent from being heard upon the argument for failure to comply with the order entered October 18,1916.
### §8704. Inspection authority

(a) In General.—To ascertain whether there has been a violation of section 8702 of this title with respect to a prime contract, the Comptroller General and the inspector general of the contracting agency, or a representative of the contracting agency designated by the head of the agency if the agency does not have an inspector general, shall have access to and may inspect the facilities and audit the books and records, including electronic data or records, of a prime contractor or subcontractor under a prime contract awarded by the agency.

(b) Exception.—This section does not apply to a prime contract for the acquisition of commercial products or commercial services (as defined in sections 103 and 103a, respectively, of this title).

(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3839; Pub. L. 115–232, div. A, title VIII, §836(b)(20), Aug. 13, 2018, 132 Stat. 1864.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 8704 | 41:58. | Mar. 8, 1946, ch. 80, §8, 60 Stat. 37; Pub. L. 86–695, Sept. 2, 1960, 74 Stat. 740; Pub. L. 99–634, §2(a), Nov. 7, 1986, 100 Stat. 3525; Pub. L. 103–355, title VIII, §8301(c)(2), Oct. 13, 1994, 108 Stat. 3397. |

Section

In subsection (a), the words "Comptroller General" are substituted for "General Accounting Office" because of 31:702.

#### **Editorial Notes**

#### Amendments

2018—Subsec. (b). Pub. L. 115–232 substituted "commercial products or commercial services (as defined in sections 103 and 103a, respectively, of this title)" for "commercial items (as defined in section 103 of this title)".

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

#### Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D18-1272

_____________________________

DAVID STRATTON,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Duval County. 

Angela M. Cox, Judge.

October 4, 2019

PER CURIAM. 

AFFIRMED.

RAY, C.J., and B.L. THOMAS and WINOKUR, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________

David Stratton, pro se, Appellant.
2

Ashley Moody, Attorney General, Holly N. Simcox, Assistant 

Attorney General, Tallahassee, for Appellee.