alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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should not be published and is not precedent except under the limited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.

** United States v. Booker, 543 U.S. 220 (2005).

United States Court of Appeals

Fifth Circuit

FILED

August 8, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-41028

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

ZEFERINO ORTEGA-ESPINOZA

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:06-CR-331-1

Before DENNIS, CLEMENT, and PRADO, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Zeferino Ortega-Espinoza

(Ortega) seeks to preserve for further review his contention that his sentence is

unreasonable because this court’s post-Booker** rulings have effectively

reinstated the mandatory Sentencing Guideline regime condemned in Booker.

Ortega concedes that his argument is foreclosed by United States v. Mares, 402
No. 06-41028

2

F.3d 511 (5th Cir. 2005), and its progeny, which have outlined this court’s

methodology for reviewing sentences for reasonableness. In light of Rita v.

United States, 127 S. Ct. 2456, 2462-68 (2007), the issue remains foreclosed.

Ortega also raises arguments that are foreclosed by Almendarez-Torres v. United

States, 523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a

penalty provision and not a separate criminal offense. The Government’s motion

for summary affirmance is GRANTED, and the judgment of the district court is

AFFIRMED.
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








In connection with the Quarterly Report of Ocean Smart, Inc. (the “Company”) on Form 10-Q for the period ending November 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the “Report’), I, Michael Boswell, Acting Chief Accounting 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 at the dates and for the periods indicated.








Date:  January 13, 2010





/s/  Michael Boswell




Michael Boswell


Acting Chief Accounting Officer
### §1591d. Powers as cumulative and additional

Except as may be otherwise expressly provided in this Act, all powers and authorities conferred by this Act shall be cumulative and additional to and not in derogation of any powers and authorities otherwise existing.

(Sept. 1, 1951, ch. 378, title VI, §618, 65 Stat. 317.)

#### **Editorial Notes**

#### References in Text

This Act, referred to in text, means act Sept. 1, 1951, ch. 378, 65 Stat. 293, known as the Defense Housing and Community Facilities and Services Act of 1951. For complete classification of this Act to the Code, see Short Title of 1951 Amendment note set out under section 1501 of this title and Tables.

#### Codification

Section constitutes the first sentence of section 618 of act Sept. 1, 1951. Remainder of section 618 is set out in Separability note under section 1591 of this title.
##### 



Exhibit 10.6
 JOINDER AND SECOND AMENDMENT TO AMENDED AND RESTATED  REVOLVING CREDIT AND SECURITY AGREEMENT
 THIS JOINDER AND SECOND AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY
AGREEMENT Amendment CAPITALSOURCE FINANCE LLC Lender UNITED STATES
PHARMACEUTICAL GROUP, L.L.C d/b/a NATIONSHEALTH NATIONSHEALTH HOLDINGS, L.L.C. Borrower NATIONSHEALTH, INC. (f/k/a MILLSTREAM ACQUISTION CORPORATION) Nationshealth
 WHEREAS th Original Credit Agreement
 WHEREAS th Agreement
 WHEREAS th
 WHEREAS
 WHEREAS
 WHEREAS
 WHEREAS
 WHEREAS
 NOW, THEREFORE




---



##### 



Section 1. Definitions .
 Section 2. Amendments.
  THIS AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENT Agreement UNITED STATES PHARMACEUTICAL GROUP, L.L.C d/b/a
NATIONSHEALTH NATIONSHEALTH HOLDINGS, L.L.C. NATIONSHEALTH, INC. f/k/a MILLSTREAM ACQUISITION CORPORATION, Borrower CAPITALSOURCE FINANCE LLC Lender
 Section 3. Joinder to Agreement.
 Section 4. References to Other Loan Documents.
 Section 5. Conditions to Effectiveness . Effective Date
    2




---



##### 



Section 6. Representations and Warranties.
   3




---



##### 



Section 7. Expenses .
 Section 8. Reference to the Effect on the Agreement .
 Section 9. Governing Law . Section 12.5
 4




---



##### 



Section 10. Jury Trial.
 Section 11. Headings and Counterparts .
 Section 12. Amendments .
 Section 13. Entire Agreement .
 Section 14. Miscellaneous .
 5




---



##### 



[SIGNATURES APPEAR ON NEXT PAGE]
 6




---



##### 



IN WITNESS WHEREOF,
 LENDER
    CAPITALSOURCE FINANCE LLC,
a Delaware limited liability companyBy:
    /s/ Keith D. ReubenName:
    Keith D. ReubenTitle:
    Chief Operating OfficerBORROWER:
    UNITED STATES PHARMACEUTICAL
GROUP, L.L.C. d/b/a NATIONSHEALTH,
a Delaware limited liability companyBy:
    /s/ Glenn ParkerName:
    Glenn ParkerTitle:
    CEONATIONSHEALTH HOLDINGS, L.L.C.,
a Florida limited liability companyBy:
    /s/ Glenn ParkerName:
    Glenn ParkerTitle:
    CEO NATIONSHEALTH:
    NATIONSHEALTH, INC. f/k/a
MILLSTREAMACQUISITION CORPORATION,
a Delaware corporationBy:
    /s/ Glenn ParkerName:
    Glenn ParkerTitle:
    CEO 7
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4011 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4011

        To modify certain provisions of law relating to torture.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 9, 2012

  Mr. Nadler (for himself, Mr. Scott of Virginia, Mr. Blumenauer, Mr. 
Capuano, Mr. Ellison, Mr. Engel, Mr. Filner, Mr. Hinchey, Mr. Holt, Mr. 
  Honda, Mr. Kucinich, Mrs. Maloney, Ms. McCollum, Mr. McGovern, Mr. 
   Moran, Ms. Norton, Mr. Rangel, Mr. Rothman of New Jersey, Mr. Van 
    Hollen, and Mr. Welch) introduced the following bill; which was 
  referred to the Committee on Armed Services, and in addition to the 
Committee on the Judiciary, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
        To modify certain provisions of law relating to torture.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Anti-Torture Act of 2012''.

SEC. 2. UNIFORM STANDARDS FOR INTERROGATION TECHNIQUES APPLICABLE TO 
              INDIVIDUALS UNDER CONTROL OR CUSTODY OF THE UNITED STATES 
              GOVERNMENT.

    Subsections (a), (b), and (c) of each of section 1002 of the 
Detainee Treatment Act of 2005 (title X of Public Law 109-148; 10 
U.S.C. 801 note; 119 Stat. 2739) and section 1402 of the Detainee 
Treatment Act of 2005 (title XIV of Public Law 109-163; 10 U.S.C. 801 
note; 119 Stat. 3475) are amended to read as follows:
    ``(a) In General.--No person in the custody or under the effective 
control of the United States shall be subject to any treatment or 
technique of interrogation not authorized by and listed in the United 
States Army Field Manual on Human Intelligence Collector Operations.
    ``(b) Applicability.--Subsection (a) shall not apply with respect 
to any person in the custody or under the effective control of the 
United States pursuant to a criminal law or immigration law of the 
United States.
    ``(c) Construction.--Nothing in this section shall be construed to 
affect the rights under the United States Constitution of any person in 
the custody or under the physical jurisdiction of the United States.''.
                                 <all>
```
#### § 18.06 [Reserved]
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 17-7273

JOHN J. MOORE, JR.,

Plaintiff - Appellant,

v.

WARDEN BUSH,

Defendant - Appellee.

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

Orangeburg. Patrick Michael Duffy, Senior District Judge. (5:16-cv-04012-PMD)

Submitted: February 22, 2018 Decided: February 26, 2018

Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit 

Judge.

Dismissed by unpublished per curiam opinion.

John J. Moore, Jr., Appellant Pro Se. Donald John Zelenka, Deputy Attorney General, 

Susannah Rawl Cole, OFFICE OF THE ATTORNEY GENERAL OF SOUTH 

CAROLINA, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

John J. Moore, Jr., seeks to appeal the district court’s order accepting the 

recommendation of the magistrate judge and denying relief on Moore’s 28 U.S.C. § 2254 

(2012) petition. The order is not appealable unless a circuit justice or judge issues a 

certificate of appealability. 28 U.S.C. § 2253(c)(1)(A) (2012). A certificate of 

appealability will not issue absent “a substantial showing of the denial of a constitutional 

right.” 28 U.S.C. § 2253(c)(2) (2012). When the district court denies relief on the 

merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would 

find that the district court’s assessment of the constitutional claims is debatable or wrong. 

Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 

336-38 (2003). When the district court denies relief on procedural grounds, the prisoner 

must demonstrate both that the dispositive procedural ruling is debatable, and that the 

petition states a debatable claim of the denial of a constitutional right. Slack, 529 U.S. at 

484-85. 

We have independently reviewed the record and conclude that Moore has not 

made the requisite showing. Accordingly, we deny a certificate of appealability, deny 

leave to proceed in forma pauperis, 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
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 Treasury

###### Internal Revenue Service 

# AGENCY:

Internal Revenue Service (IRS), Treasury. 

# ACTION:

Notice.

# SUMMARY:

An open meeting of the Ad Hoc Committee of the Taxpayer Advocacy Panel will be conducted (via teleconference). The TAP will be discussing issues pertaining to lessoning the burden for individuals. Recommendations for IRS systemic changes will be developed. 

# DATES:

The meeting will be held Monday, January 3, 2005. 

# FOR FURTHER INFORMATION CONTACT:

Mary O'Brien at 1-888-912-1227, or 206-220-6096. 

# SUPPLEMENTARY INFORMATION:

                    Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Ad Hoc Committee of the Taxpayer Advocacy Panel will be held Monday, January 3, 2005 from 1 p.m. eastern time to 2 p.m. eastern time via a telephone conference call. If you would like to have the TAP consider a written statement, please call 1-888-912-1227 or 206-220-6096, or write to Mary O'Brien, TAP Office, 915 2nd Avenue, MS W-406, Seattle, WA 98174 or you can contact us at                     *http://www.improveirs.org.*                     Due to limited conference lines, notification of intent to participate in the telephone conference call meeting must be made with Mary O'Brien. Ms. O'Brien can be reached at 1-888-912-1227 or 206-220-6096.                 

The agenda will include the following: Various IRS issues. 

Dated: December 3, 2004. 

Bernard Coston, 

Director, Taxpayer Advocacy Panel. 

[FR Doc. 04-26955 Filed 12-7-04; 8:45 am] 

BILLING CODE 4830-01-P
I 

112TH CONGRESS 

2D SESSION H. R. 3940 

To suspend temporarily the duty on Reduced Vat Blue 1. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 7, 2012 

Mr. WATT introduced the following bill; which was referred to the Committee 

on Ways and Means 

A BILL 

To suspend temporarily the duty on Reduced Vat Blue 1. 

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

3 SECTION 1. REDUCED VAT BLUE 1. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.01.00 Reduced Vat Blue 1, 

([2,2′-Bi-1H-indole]- 

3,3′-diol, potassium 

sodium salt) (CAS 

No. 207692–02–2) 

(provided for in subheading 3204.15.40) Free No change No change On or before 

12/31/2014 ’’. 


tkelley on DSK3SPTVN1PROD with BILLS
2 

•HR 3940 IH

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to articles entered, or withdrawn 

3 from warehouse for consumption, on or after the 15th day 

4 after the date of the enactment of this Act. 

Æ 


tkelley on DSK3SPTVN1PROD with BILLS
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsGraphics mini manualThe computer graphics capabilities available at the Center are introduced and their use is explained. More specifically, the manual identifies and describes the various graphics software and hardware components, details the interfaces between these components, and provides information concerning the use of these components at LaRC.Document ID19900012931Acquisition SourceLegacy CDMSDocument TypeTechnical Memorandum (TM)AuthorsTaylor, Nancy L.*(NASA Langley Research Center Hampton, VA., United States)*Randall, Donald P.*(NASA Langley Research Center Hampton, VA., United States)*Bowen, John T.*(NASA Langley Research Center Hampton, VA., United States)*Johnson, Mary M.*(NASA Langley Research Center Hampton, VA., United States)*Roland, Vincent R.*(NASA Langley Research Center Hampton, VA., United States)*Matthews, Christine G.*(NASA Langley Research Center Hampton, VA., United States)*Gates, Raymond L.*(NASA Langley Research Center Hampton, VA., United States)*Skeens, Kristi M.*(NASA Langley Research Center Hampton, VA., United States)*Nolf, Scott R.*(NASA Langley Research Center Hampton, VA., United States)*Hammond, Dana P.*(Computer Sciences Corp. Hampton, VA., United States)*Date AcquiredSeptember 6, 2013Publication DateFebruary 1, 1990Subject CategoryComputer Operations And HardwareReport/Patent NumberCSCC-G-1A-REVNASA-TM-87622-REVNAS 1.15:87622-REVAccession Number90N22247Funding Number(s)PROJECT: RTOP 505-60-01-01Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType19900012931.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
 No Fear Act | Freedom of Information Act | Office of the Inspector General | Agency Financial ReportsNASA Web Privacy Policy and Important Notices | NASA Guidelines for Quality of InformationDisclaimers, Copyright, Terms of Use | Accessibility | NASA OCIO | USA.gov | NASA.govContact Us | Site MapSTI LogoNASA Official: JoAnne R. Calhoun Site Curator: STI Compliance and Distribution Services Last Modified: September 12, 2024
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



         In connection with the Quarterly Report of Caliber Energy, Inc. on Form
10-QSB for the period  ending June 30, 2005,  as filed with the  Securities  and
Exchange  Commission  on the  date  hereof  (the  "Report"),  I,  David  Naylor,
Principal  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, to the best of my knowledge and belief:

         (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 result of
                  operations of the Company.


/S/     David Naylor
David Naylor
Treasurer, CFO and Director
(Principal Financial Officer)



August 10, 2005


A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  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.
```

[115th Congress Public Law 379]
[From the U.S. Government Publishing Office]

[[Page 132 STAT. 5117]]

Public Law 115-379
115th Congress

                                 An Act

 
To designate the facility of the United States Postal Service located at 
4301 Northeast 4th Street in Renton, Washington, as the ``James Marshall 
 `Jimi' Hendrix Post Office Building''. <<NOTE: Dec. 21, 2018 -  [H.R. 
                                6628]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. JAMES MARSHALL ``JIMI'' HENDRIX POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 4301 Northeast 4th Street in Renton, Washington, shall be 
known and designated as the ``James Marshall `Jimi' Hendrix Post Office 
Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``James 
Marshall `Jimi' Hendrix Post Office Building''.

    Approved December 21, 2018.

LEGISLATIVE HISTORY--H.R. 6628:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 164 (2018):
            Nov. 29, considered and passed House.
            Dec. 12, considered and passed Senate.

                                  <all>
```
```

[115th Congress Public Law 346]
[From the U.S. Government Publishing Office]

[[Page 132 STAT. 5053]]

Public Law 115-346
115th Congress

                                 An Act

 
To designate the facility of the United States Postal Service located at 
907 Fourth Avenue in Lake Odessa, Michigan, as the ``Donna Sauers Besko 
         Post Office''. <<NOTE: Dec. 21, 2018 -  [H.R. 1850]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. DONNA SAUERS BESKO POST OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 907 Fourth Avenue in Lake Odessa, Michigan, shall be known 
and designated as the ``Donna Sauers Besko Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Donna 
Sauers Besko Post Office''.

    Approved December 21, 2018.

LEGISLATIVE HISTORY--H.R. 1850:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 164 (2018):
            Dec. 11, considered and passed House.
            Dec. 19, considered and passed Senate.

                                  <all>
```
### §16511. Definitions

In this subchapter:

#### (1) Commercial technology

#### (A) In general

The term "commercial technology" means a technology in general use in the commercial marketplace.

#### (B) Inclusions

The term "commercial technology" does not include a technology solely by use of the technology in a demonstration project funded by the Department.

#### (2) Cost

The term "cost" has the meaning given the term "cost of a loan guarantee" within the meaning of section 661a(5)(C) of title 2.

#### (3) Eligible project

The term "eligible project" means a project described in section 16513 of this title.

#### (4) Guarantee

#### (A) In general

The term "guarantee" has the meaning given the term "loan guarantee" in section 661a of title 2, except that a loan guarantee may guarantee any debt obligation of a non-Federal borrower to any Eligible Lender (as defined in section 609.2 of title 10, Code of Federal Regulations).

#### (B) Inclusion

The term "guarantee" includes a loan guarantee commitment (as defined in section 661a of title 2).

#### (5) Obligation

The term "obligation" means the loan or other debt obligation that is guaranteed under this section.

#### (6) State

The term "State" has the meaning given the term in section 6802 of this title.

#### (7) State energy financing institution

#### (A) In general

The term "State energy financing institution" means a quasi-independent entity or an entity within a State agency or financing authority established by a State—

(i) to provide financing support or credit enhancements, including loan guarantees and loan loss reserves, for eligible projects; and

(ii) to create liquid markets for eligible projects, including warehousing and securitization, or take other steps to reduce financial barriers to the deployment of existing and new eligible projects.

#### (B) Inclusion

The term "State energy financing institution" includes an entity or organization established to achieve the purposes described in clauses (i) and (ii) of subparagraph (A) by an Indian Tribal entity or an Alaska Native Corporation.

(Pub. L. 109–58, title XVII, §1701, Aug. 8, 2005, 119 Stat. 1117; Pub. L. 117–58, div. D, title IV, §40401(c)(1), Nov. 15, 2021, 135 Stat. 1037; Pub. L. 117–169, title V, §50141(e), Aug. 16, 2022, 136 Stat. 2043.)

#### **Editorial Notes**

#### Amendments

2022—Par. (4)(A). Pub. L. 117–169 inserted ", except that a loan guarantee may guarantee any debt obligation of a non-Federal borrower to any Eligible Lender (as defined in section 609.2 of title 10, Code of Federal Regulations)" before period at end.

2021—Pars. (6), (7). Pub. L. 117–58 added pars. (6) and (7).

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

#### Wage Rate Requirements

For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.